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.
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on New Flowchart—Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986—flowchart
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on New Flowchart: Misfeasance claims under section 212 of the Insolvency Act 1986—flowchart
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
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
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 litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
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