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Roles, powers, duties and functions of an insolvency office-holder

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Latest Restructuring & Insolvency News

Restructuring & Insolvency—2022 predictions

Restructuring & Insolvency—2022 predictions

The following Banking & Finance news provides comprehensive and up to date legal information on Restructuring & Insolvency—2022 predictions

Votes at meeting reversed on grounds of material irregularity (Elser v Sands)

Votes at meeting reversed on grounds of material irregularity (Elser v Sands)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Votes at meeting reversed on grounds of material irregularity (Elser v Sands)

Restructuring & Insolvency weekly highlights—13 January 2022

Restructuring & Insolvency weekly highlights—13 January 2022

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—13 January 2022

The Great Gatsby and Insolvency: The Insolvency and Companies Court considers a complex web of transactions where ‘nothing is as it seems’ in (AFM (1932) Ltd v Belisco Estates Ltd)

The Great Gatsby and Insolvency: The Insolvency and Companies Court considers a complex web of transactions where ‘nothing is as it seems’ in (AFM (1932) Ltd v Belisco Estates Ltd)

The Great Gatsby and Insolvency: The Insolvency and Companies Court considers a complex web of transactions where ‘nothing is as it seems’ in (AFM (1932) Ltd v Belisco Estates Ltd)

Featured Restructuring & Insolvency content

Recapitalisations

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

Understanding official copy entries from an enforcement point of view

Understanding official copy entries from an enforcement point of view

Understanding official copy entries from an enforcement point of viewThis Practice Note considers the review of official copy entries (commonly called...

Receivership—an introductory guide

Receivership—an introductory guide

Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...

Practice notes

Future debts, contingent debts, secured debts—the position under the Insolvency (England and Wales) Rules 2016

Future debts, contingent debts, secured debts—the position under the Insolvency (England and Wales) Rules 2016Provable debtsThe general rule as to...
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Produced in partnership with South Square Chambers 16th Nov
Practice notes

Scotland: the process for applying for sequestration

Scotland: the process for applying for sequestrationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit...
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Produced in partnership with James Lloyd of Harper Macleod LLP 16th Nov
tag iconScottish Law
Practice notes

Comity and the court's inherent jurisdiction—application and effects

Comity and the court's inherent jurisdiction—application and effectsComityComity is the general common law principle that courts will recognise and...
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16th Nov
Practice notes

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?This Practice Note discusses:•the effect of an...
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16th Nov
Q&As

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal...
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16th Nov
Practice notes

Key provisions of the financial collateral regulations

Key provisions of the financial collateral regulationsRationaleThe Financial Collateral Directive was first implemented in the UK under the Financial...
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16th Nov
Practice notes

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021) [Archived]

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021) [Archived]Background to the Temporary Insolvency...
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16th Nov
tag iconCOVID-19
Practice notes

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

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 16th Nov
Practice notes

Interference with goods in an insolvency situation

Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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16th Nov
Practice notes

Impact of credit ratings downgrades

Impact of credit ratings downgradesRatings outlooks and watch-listsThe three main credit rating agents (CRAs), Moody's Investors, Standard & Poor's...
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16th Nov
Q&As

Joint LPA receivers have been appointed and one receiver wishes to resign. What is the impact on the remaining receiver’s appointment?

Joint LPA receivers have been appointed and one receiver wishes to resign. What is the impact on the remaining receiver’s appointment?There is no...
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16th Nov
Practice notes

Security Review—example structure chart

Security Review—example structure chartA structure chart showing the corporate structure of a borrower together with the security granted in favour of...
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16th Nov
Practice notes

Rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016

Rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016Insolvency (England and Wales) Rules 2016The rules...
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Produced in partnership with South Square Chambers 16th Nov
Precedents

Claim form (CPR Part 8) in respect of an application for a scheme of arrangement

Claim form (CPR Part 8) in respect of an application for a scheme of arrangement[IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 16th Nov
Practice notes

Secured creditors under a CVA—including effect on guarantees

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 16th Nov
Precedents

Witness statement in support of application for substituted service of a bankruptcy petition

Witness statement in support of application for substituted service of a bankruptcy petitionApplicant: [insert initials and surname]: 1st:...
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16th Nov

Popular documents

Report on title—long form

Report on title—long form

Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of buyer]Transaction: [insert brief details]1Executive summary1.1Scope of reportThis report is addressed to you [insert buyer’s name] and has been

Common financial covenants

Common financial covenants

Common financial covenantsThis Practice Note explains certain common financial covenants used in commercial finance transactions including:•minimum net worth test•gearing ratio•leverage ratio (or debt to equity ratio)•current ratio (or acid test ratio)•cashflow ratio•interest cover ratio, and•loan

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to

Proprietary estoppel

Proprietary estoppel

Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice