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Definition of the bankruptcy estate and which assets vest in the trustee in bankruptcy

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Fairness and clarity in director disqualification (Re Asset Land Investment plc)

Fairness and clarity in director disqualification (Re Asset Land Investment plc)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Fairness and clarity in director disqualification (Re Asset Land Investment plc)

Creditor v creditor on challenging proofs of debt (Re Farrar Construction Ltd; Levi Solicitors LLP v Wilson)

Creditor v creditor on challenging proofs of debt (Re Farrar Construction Ltd; Levi Solicitors LLP v Wilson)

The following Construction news provides comprehensive and up to date legal information on Creditor v creditor on challenging proofs of debt (Re Farrar Construction Ltd; Levi Solicitors LLP v Wilson)

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency and restructuring proceedings of a third country’—paper published

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency and restructuring proceedings of a third country’—paper published

The following Banking & Finance news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency and restructuring proceedings of a third country’—paper published

Limitation—whether a claimant could have discovered fraud with 'reasonable diligence' extends to events prior to accrual of the cause of action (European Real Estate Debt Fund v Treon)

Limitation—whether a claimant could have discovered fraud with 'reasonable diligence' extends to events prior to accrual of the cause of action (European Real Estate Debt Fund v Treon)

Limitation—whether a claimant could have discovered fraud with 'reasonable diligence' extends to events prior to accrual of the cause of action (European Real Estate Debt Fund v Treon)

Featured Restructuring & Insolvency content

Recapitalisations

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

Understanding official copy entries from an enforcement point of view

Understanding official copy entries from an enforcement point of view

Understanding official copy entries from an enforcement point of viewThis Practice Note considers the review of official copy entries (commonly called...

Receivership—an introductory guide

Receivership—an introductory guide

Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...

Practice notes

Future debts, contingent debts, secured debts—the position under the Insolvency (England and Wales) Rules 2016

Future debts, contingent debts, secured debts—the position under the Insolvency (England and Wales) Rules 2016Provable debtsThe general rule as to...
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Produced in partnership with South Square Chambers 16th Nov
Practice notes

Scotland: the process for applying for sequestration

Scotland: the process for applying for sequestrationFor the impact of Brexit on Scottish procedures, see Practice Note: Table showing impact of Brexit...
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Produced in partnership with James Lloyd of Harper Macleod LLP 16th Nov
tag iconScottish Law
Practice notes

Comity and the court's inherent jurisdiction—application and effects

Comity and the court's inherent jurisdiction—application and effectsComityComity is the general common law principle that courts will recognise and...
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16th Nov
Practice notes

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?This Practice Note discusses:•the effect of an...
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16th Nov
Q&As

What is the difference between an appeal and a review?

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...
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16th Nov
Practice notes

Key provisions of the financial collateral regulations

Key provisions of the financial collateral regulationsRationaleThe Financial Collateral Directive was first implemented in the UK under the Financial...
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16th Nov
Practice notes

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021) [Archived]

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021) [Archived]Background to the Temporary Insolvency...
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16th Nov
tag iconCOVID-19
Practice notes

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

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 16th Nov
Practice notes

Interference with goods in an insolvency situation

Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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16th Nov
Practice notes

The moratorium in administration

The moratorium in administrationThe moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company...
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Produced in partnership with Kate Rogers of Radcliffe Chambers 16th Nov
Q&As

Joint LPA receivers have been appointed and one receiver wishes to resign. What is the impact on the remaining receiver’s appointment?

Joint LPA receivers have been appointed and one receiver wishes to resign. What is the impact on the remaining receiver’s appointment?There is no...
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16th Nov
Practice notes

Rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016

Rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016Insolvency (England and Wales) Rules 2016The rules...
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Produced in partnership with South Square Chambers 16th Nov
Practice notes

Security Review—example structure chart

Security Review—example structure chartA structure chart showing the corporate structure of a borrower together with the security granted in favour of...
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16th Nov
Precedents

Claim form (CPR Part 8) in respect of an application for a scheme of arrangement

Claim form (CPR Part 8) in respect of an application for a scheme of arrangement[IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 16th Nov
Practice notes

Secured creditors under a CVA—including effect on guarantees

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 16th Nov
Precedents

Witness statement in support of application for substituted service of a bankruptcy petition

Witness statement in support of application for substituted service of a bankruptcy petitionApplicant: [insert initials and surname]: 1st:...
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16th Nov

Popular documents

Breach of statutory duty

Breach of statutory duty

Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care

Convention rights—structure of qualified rights

Convention rights—structure of qualified rights

Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a

Easements and perpetuities

Easements and perpetuities

Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement

Fraud by false representation

Fraud by false representation

Fraud by false representationFraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the