The office-holder

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Practice notes
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes
Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May

Most recent The office-holder content

Practice notes
Challenging the approval of a CVA—unfair prejudice, material irregularity: the position under The Insolvency (England and Wales) Rules 2016Coronavirus...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 28th Jul
Practice notes
Role, powers, functions and duties of nominee or supervisor of a scheme of arrangementAdministration of the schemeThe scheme document will need to...
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Produced in partnership with Chris Mallon of Skadden 28th Jul
Practice notes
Evidence gathering—the preservation of information by an insolvency office-holderThe duty of insolvency office-holders to preserve information, and...
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Produced in partnership with Robert Hantusch of Three Stone 28th Jul
Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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28th Jul
Practice notes
Block transfer orders—the law and practiceCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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Produced in partnership with Stephen Allinson, Consultant 28th Jul
Practice notes
Small Business, Enterprise and Employment Act 2015—changes to regulation of IPs [Archived]This Practice Note has been archived and is not...
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28th Jul
Practice notes
Role, powers, functions and duties of the supervisor of a company voluntary arrangementWho is the supervisor and what is the supervisor’s role in a...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 28th Jul
Practice notes
Trustee in bankruptcy—remuneration and expensesTrustee in bankruptcy’s remunerationThe trustee in bankruptcy (trustee) will usually look to the estate...
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27th Jul
Practice notes
The Insolvency (England and Wales) Rules 2016—Part 18: Changes to reporting by and remuneration of office-holders [Archived]ARCHIVED: This Practice...
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Produced in partnership with Peter Shaw, QC of 9 Stone Buildings 27th Jul
Practice notes
The conflict administratorDefinitionThe term 'conflict administrator' in this Practice Note applies to an insolvency practitioner (IP) appointed as...
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Produced in partnership with Stephen Taylor of Isonomy Limited 27th Jul
Practice notes
Role, powers, functions and duties of an LPA or fixed charge receiverPowers—generalThe statutory powers conferred on an LPA/fixed charge receiver are...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 27th Jul
Practice notes
Insolvency Services AccountThe official receiver (OR) deals with the administration and investigation of all bankruptcies and compulsory liquidations,...
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Produced in partnership with Christopher Buckley of Radcliffe Chambers 27th Jul
Practice notes
Role, powers, functions and duties of a court-appointed receiverThis Practice Note covers the roles, powers, duties and liabilities of court-appointed...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 27th Jul
Practice notes
Small Business, Enterprise and Employment Act 2015—trustees in bankruptcy [Archived]This Practice Note has been archived and is not maintained.The...
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27th Jul
Practice notes
The Deregulation Act 2015 [Archived]This Practice Note has been archived and is not maintained.Note that on 6 April 2017 the Insolvency (England and...
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27th Jul
Practice notes
Removal of voluntary liquidator by creditors' decision procedure—the position under the Insolvency (England and Wales) Rules 2016A voluntary...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group and Simon Hunter of ThreeStone 27th Jul
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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27th Jul
Practice notes
Office-holder remunerationRemunerationThe Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024...
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27th Jul
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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27th Jul
Practice notes
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
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27th Jul

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