Navigate the key responsibilities and powers imparted to administrators, liquidators, and trustees. This topic provides a detailed practical framework essential for guiding office-holders through their legal duties and strategic decision-making processes in restructuring and insolvency cases.
Restructuring & Insolvency analysis: Liberty Leasing Ltd (Liberty) successfully challenged, under rule 15.35 of the Insolvency (England and Wales)...
The Insolvency Service has announced that Garry Pettigrew, former director of Healthcare Environmental Services Limited, has been disqualified from...
Restructuring & Insolvency analysis: This judgment considers when a creditors’ voluntary liquidation may be converted into a compulsory liquidation,...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of the High Court’s decision to set aside an order...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Does a power of attorney given by a company survive administration or liquidation? Is it possible to draft the power of attorney to enable it to survive?Company granting power of attorneyWhether a company (or any other body corporate) can grant a power of attorney will depend on its constitution.
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
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