Bankruptcy

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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
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
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
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
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
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
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
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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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
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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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

Practice notes
Interim receiversCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court...
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Produced in partnership with South Square Chambers and BDO 5th Jun
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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5th Jun
Precedents
Witness statement in support of an application seeking the appointment of an interim receiver under section 286 of the Insolvency Act 1986Court...
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5th Jun
Practice notes
The Insolvency (England and Wales) Rules 2016—Part 18: Changes to reporting by and remuneration of office-holders [Archived]ARCHIVED: This Practice...
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Produced in partnership with Peter Shaw, QC of 9 Stone Buildings 5th Jun
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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5th Jun
Practice notes
Avoidance of general assignment of book debts (bankruptcy)This Practice Note explains when a general assignment of book debts by a bankrupt prior to...
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Produced in partnership with Chris Brockman of Enterprise Chambers 5th Jun
Practice notes
The Insolvency (England and Wales) Rules 2016—Part 10: Bankruptcy [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. The...
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Produced in partnership with Ali Tabari of St Philips Chambers 5th Jun
Practice notes
Disputed bankruptcy petitionsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes...
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5th Jun
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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5th Jun
Precedents
Application notice for an application seeking the appointment of an interim receiver under section 286 of the Insolvency Act 1986Note: This Precedent...
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5th Jun
Practice notes
Formal creditors' committees in bankruptcy—the position under the Insolvency (England and Wales) Rules 2016Coronavirus (COVID-19)This content is...
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Produced in partnership with South Square Chambers and BDO 5th Jun
Practice notes
When can an office-holder seek directions from the court in insolvency proceedings?The power to seek directions from the courtOffice-holders in...
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5th Jun
Practice notes
Comparison table of personal insolvency processes for dispute resolution practitionersNoteThis table provides a summary of individual personal and...
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5th Jun
Precedents
Witness statement in support of application for substituted service of a bankruptcy petitionApplicant: [insert initials and surname]: 1st:...
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5th Jun
Precedents
Witness statement under rule 10.10 of the Insolvency (England and Wales) Rules 2016 verifying the bankruptcy petitionPetitioning Creditor1st:...
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5th Jun
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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5th Jun
Practice notes
The Insolvency (England and Wales) Rules 2016—Part 14: Claims by and distributions to creditors in administration, winding-up and bankruptcy...
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Produced in partnership with Madeleine Jones of South Square 5th Jun
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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5th Jun
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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5th Jun
Practice notes
Small Business, Enterprise and Employment Act 2015—trustees in bankruptcy [Archived]This Practice Note has been archived and is not maintained.The...
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5th Jun

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