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.
The Steering Committee of the London Coalition on Sustainable Sovereign Debt has welcomed the Loan Creditor Committee Guide and Export Credit Agency...
Restructuring & Insolvency analysis: The High Court considered the effect of bankruptcy on standing to pursue a professional negligence counterclaim...
Restructuring & Insolvency analysis: In Carter v Davies, the High Court held that a bankrupt's cause of action to set aside the judgment founding the...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of cross border insolvency, limitation and office-holders...
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.
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note is drafted on the basis that an insolvency practitioner (IP) has been appointed as trustee in bankruptcy (trustee). It does not consider the official receiver's (OR) position when acting as trustee.The role and functions
Role, powers, functions and duties of a liquidatorThe role and functions of a liquidatorA liquidator must be a licensed insolvency practitioner and authorised by a recognised professional body.In basic terms, a liquidator’s function is to secure the assets of the company and ensure that they are
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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