Evidence gathering and obtaining company property

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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
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
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
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
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
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
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
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
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
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Evidence gathering and obtaining company property content

Q&As
Are there any grounds on which a person or entity can refuse to disclose information to a liquidator? And is the position the same for an individual...
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1st Aug
Q&As
What steps can a liquidator take to gain access to an account where the bank has refused to neither acknowledge their letters nor release the monies...
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1st Aug
Q&As
Is a trustee in bankruptcy (trustee) able to obtain copies of the bankrupt’s files from the bankrupt’s previous solicitors without incurring any...
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Produced in partnership with Chris Adams of Gosschalks 1st Aug
Q&As
Can an office-holder assign their powers under sections 234–236 of the Insolvency Act 1986?For information on the office-holder’s powers of...
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31st Jul
Practice notes
Inquiry into a bankrupt's dealings and property—including by way of private examination—under section 366 of the Insolvency Act 1986Information about...
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Produced in partnership with Roger Laville of Five Paper 31st 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 31st Jul
Practice notes
Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986Information about the...
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Produced in partnership with Roger Laville of Five Paper 31st Jul
Practice notes
Evidence and evidence gathering—public examination of the bankruptUnder section 15 of the Bankruptcy Act 1914 (the predecessor to the Insolvency Act...
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Produced in partnership with Graham McPhie of Wedlake Bell 31st Jul
Practice notes
Basic principles—the delivery-up of information and property to the insolvency office-holderThe Insolvency Act 1986 (IA 1986) and Insolvency (England...
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30th Jul

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