Personal insolvency

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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
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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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
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 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
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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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
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
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent Personal insolvency content

Q&As
Can an employee serve a statutory demand for unpaid wages?For information on wages generally, see Practice Note: Pay and wages.Statutory demands can...
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17th Sep
Practice notes
Issuing bankruptcy petitions—where to issue, the fee to pay and the documents to fileBankruptcy in England and Wales is the process whereby an...
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8th Sep
Practice notes
Debt relief orders (DROs)What is a DRO?DROs are 'a new and simplified way of wiping the slate clean for debtors who are too poor to go bankrupt.'A DRO...
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Produced in partnership with Simon Passfield of Guildhall Chambers 27th Aug
Practice notes
Debt respite scheme—applying for a moratoriumThe Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and...
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27th Aug
Q&As
At which court should I issue the bankruptcy petition?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced...
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24th Aug
Practice notes
Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...
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Produced in partnership with Tom Shepherd of 4 New Square and Paul Allen of FRP Advisory LLP 24th Aug
Practice notes
Trustee in bankruptcy—remuneration and expensesTrustee in bankruptcy’s remunerationThe trustee in bankruptcy (trustee) will usually look to the estate...
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24th Aug
Practice notes
The immediate effects of a bankruptcy order on the bankruptThe purpose of a bankruptcy order is two-fold:•first, it is to secure the bankrupt's estate...
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24th Aug
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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24th Aug
Practice notes
Unwinding unlawful transactions in bankruptcyGeneral duties of the trustee in bankruptcyThe main function and duty of a trustee in bankruptcy...
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24th Aug
Practice notes
How long does the individual voluntary arrangement last and what happens if it fails?Duration of an individual voluntary arrangementAn individual...
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Produced in partnership with Paul Allen of FRP 24th Aug
Practice notes
Creditors' bankruptcy petitions—grounds and documents required for presentationBankruptcy in England and Wales is a process by which the court or the...
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24th Aug
Practice notes
Debt management and relief for individual debtorsIntroductionPart 5 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) introduced new...
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24th Aug
Practice notes
Income payments agreements (IPAs) under section 310A of the Insolvency Act 1986An income payments agreement (IPA) is an alternative to an income...
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Produced in partnership with William Willson of South Square and Robert Smailes of Leonard Curtis Business Solutions Group 24th Aug
Practice notes
Income payments orders (IPOs) under section 310 of the Insolvency Act 1986An income payments order (IPO) made under section 310 of the Insolvency Act...
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Produced in partnership with South Square Chambers and BDO 24th Aug
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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24th Aug
Practice notes
Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will applyThis Practice Note...
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24th Aug
Practice notes
How to effect service of a creditor's bankruptcy petition on the debtor and what happens if service cannot be effectedOnce the bankruptcy petition and...
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24th Aug

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