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

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Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May
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
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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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
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 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
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
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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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
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

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

Q&As
Is it acceptable for a liquidator and the only creditor in an insolvency situation to be represented by the same solicitor? Or is this a conflict?Both...
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Produced in partnership with Caroline Clark 1st Aug
Q&As
A seller is in voluntary liquidation. The draft transfer of part to the buyer grants new easements. Can the liquidators validly grant the...
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1st Aug
Q&As
If there are joint liquidators on behalf of a company, do they both need to sign a stock transfer form or can it be done by one of them? Where an...
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1st Aug
Q&As
When a company is in liquidation, do the directors or members retain control of the assets to the extent that they can assign them without the...
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1st Aug
Q&As
Can an administrator reject a retention of title (ROT), and if so, what options are open to the creditor claiming the ROT to challenge that...
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1st Aug
Q&As
Can an insolvency office-holder disclose individual creditor proofs of debt in third party litigation to evidence the company's financial position at...
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Produced in partnership with Helen Kavanagh 1st Aug
Q&As
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...
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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
What powers does an administrator have as an agent of a company in liquidation, and do those powers extend to the company’s subsidiaries?STOP PRESS:...
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31st Jul
Q&As
Are there any circumstances in which an auditor owes a duty of care to a liquidator personally, as opposed to owing a duty of care to the company over...
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Produced in partnership with Carly Schiff of Gateley Plc 31st Jul
Q&As
A company in voluntary liquidation owns assets charged to a lender and subject to a registered charge. Can the liquidators sell the charged assets...
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Produced in partnership with Oberon Kwok of Selborne Chambers 31st Jul
Q&As
Where a company in liquidation is a tenant of a residential lease, can that company enter into a new lease/surrender the existing lease, which would...
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Produced in partnership with Carly Schiff of Gateley Plc 31st Jul

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