Discharge from bankruptcy and suspension of automatic discharge

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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 Discharge from bankruptcy and suspension of automatic discharge content

Practice notes
Discharge from bankruptcyAt the heart of the bankruptcy legislation is the concept of a bankrupt surrendering their estate for the benefit of...
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Produced in partnership with David Nicholls of Landmark Chambers 24th Aug
Q&As
Is judgment in default obtained in respect of a fraudulent misrepresentation claim regarded as a debt gained by fraud under section 281(3) of the...
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Produced in partnership with XXIV Old Buildings 18th Aug
Q&As
Can a professional negligence claim be brought against a discharged bankrupt (B) or their estate where the alleged negligence relates to the period...
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Produced in partnership with Eleanor Stephens 18th Aug
Practice notes
Suspension of discharge from bankruptcy under section 279(3) of the Insolvency Act 1986Coronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Aileen McErlean of Gatehouse Chambers 18th Aug
Practice notes
Applying to lift an order suspending discharge from bankruptcyIn certain cases, a bankrupt’s automatic discharge from bankruptcy is suspended by an...
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Produced in partnership with Amit Gupta of St Philips Chambers 18th Aug
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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1st Aug

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