Challenges to an insolvency office-holder

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Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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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
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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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
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
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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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
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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19th May
Practice notes
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 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 Challenges to an insolvency 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 21st Jul
Practice notes
Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...
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Produced in partnership with Tom Shepherd of 4 New Square and Paul Allen of FRP Advisory LLP 15th 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 15th Jul
Practice notes
Misfeasance claims under section 212 of the Insolvency Act 1986What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims...
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18th Jun
Q&As
Where a subsequently-appointed office-holder wishes to bring a claim against a former administrator for misapplication of the company’s monies, does...
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Produced in partnership with Eleanor Stephens 6th Jun
Q&As
Does section 233B of the Insolvency Act 1986 prevent a supplier from calling on a parent company guarantee (or other security) which is triggered by...
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Produced in partnership with Ryan Hocking of Hardwicke Chambers 5th Jun
Practice notes
Challenges to administrators—action for unfair harmAs a basic rule administrators enjoy a great deal of protection. Their agency status means they...
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5th Jun
Practice notes
Removal and replacement of an administratorThis Practice Note focuses on the forced removal of an administrator from office, although other reasons...
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5th Jun
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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5th Jun
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 5th Jun
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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5th Jun
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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5th Jun

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