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.
Disputed debt and conversion of members’ voluntary liquidation to creditors’ voluntary liquidation (Noal SCSp and others v Novalpina Capital LLP (in members voluntary liquidation) and others)
The following Property Disputes news provides comprehensive and up to date legal information on The Supreme Court tweaks Etridge (Waller Edwards v One Savings Bank plc)
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...
Role, powers, functions and duties of an administratorThe role, functions, powers and duties of an administrator are set out in the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024. While the Enterprise Act 2002 (EnA 2002) significantly amended the
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
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
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