Bankruptcy

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Practice notes
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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Produced in partnership with Stephen Allinson 19th May
Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
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
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
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
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
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
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
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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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
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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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
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Bankruptcy content

Q&As
In relation to a bankruptcy petition, what is the procedure for requesting a postponement and re-listing of the hearing of the petition?The rules...
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6th Jun
Q&As
Is the court’s permission required before presenting a bankruptcy petition where the judgment on which the bankruptcy petition is based is more than...
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6th Jun
Q&As
Are the 14 days for service of a bankruptcy petition clear days, and are they business days or calendar days? What is the authority for this?The...
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Produced in partnership with XXIV Old Buildings 6th Jun
Q&As
How, if at all, does payment of part of the debt stated affect a statutory demand for the purpose of presenting a bankruptcy petition?What is a...
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6th Jun
Q&As
Can shares transferred as a result of a mandatory transfer clause (in the event of bankruptcy) be held on trust by the continuing shareholder until...
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6th Jun
Q&As
Does the recipient of a statutory demand have any right or legal authority to demand payment of their costs if the creditor withdraws the demand...
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5th Jun
Q&As
Can a creditor give notice to support a bankruptcy petition once the first hearing of the petition (which was adjourned) has occurred? And can a...
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Produced in partnership with Natalie Brown of Radcliffe Chambers 5th Jun
Q&As
Is there anything to prevent a bankrupt from giving a guarantee?Where an individual is an undischarged bankrupt (or a discharged bankrupt subject to a...
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5th Jun
Q&As
In a bankruptcy, what happens if an unsecured creditor is a dissolved company?There are some key issues to consider when an unsecured creditor in a...
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Produced in partnership with Harry Clark of Clarke Willmott 5th Jun
Q&As
Can a debtor apply to appoint an interim receiver under section 286 of the Insolvency Act 1986 where they have made a bankruptcy application?An...
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5th Jun
Q&As
If a creditor puts both the name of the director and the name of the company as the creditor in the statutory demand, is this likely to have an effect...
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5th Jun
Q&As
Are notices of sums in arrear still required to be sent for a Consumer Credit Act 1974 regulated loan secured over property where the customer has...
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5th Jun
Q&As
Can you serve a statutory demand on two individuals jointly and severally liable for the debt and if so, how would you effect service in such a...
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5th Jun

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