Individual voluntary arrangements

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Practice notes
IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...
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Produced in partnership with Kate Rogers of St Philips Chambers 15th Oct
Practice notes
This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal insolvency. It assumes that the...
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Practice notes
This Practice Note covers the process of disclaimer and the steps to be taken to disclaim. For guidance on what disclaimer is and what can be...
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Produced in partnership with Robert Hantusch of Three Stone 15th Oct
Practice notes
This Practice Note sets out guidance as to what happens when:•proceedings have been commenced against a company and a winding-up petition is presented...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 15th Oct
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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13th Oct
Practice notes
The order of distribution of a company’s assets in administration is found in the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales)...
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Produced in partnership with Robert Avis of XXIV Old Buildings 12th Oct
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LiquidationThe order of distribution in liquidation, following the realisation of security by secured creditors (other than those with floating...
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Produced in partnership with South Square 12th Oct
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Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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5th Oct
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Definition of property and some general principlesProperty is defined very widely in section 436 of the Insolvency Act 1986 (IA 1986), and includes...
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26th Sep
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It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial...
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26th Sep
Practice notes
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
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25th Sep
Practice notes
One of the main functions of the trustee in bankruptcy (trustee) is, in accordance with section 305(2) of the Insolvency Act 1986 (IA 1986), to get...
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25th Sep

Most recent Individual voluntary arrangements content

Practice notes
Effect of IVA on unsecured creditorsThe effect of the approval of an individual voluntary arrangement (IVA) is set out in section 260(2) of the...
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25th Sep
Practice notes
Who is the nominee/supervisor and what is their role in the individual voluntary arrangement?The nominee and the supervisor are key individuals in an...
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25th Sep
Practice notes
NoteThis table provides a summary of individual personal and debt management processes from a dispute resolution perspective. Name of processNature of...
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25th Sep
Practice notes
The gap in the insolvency legislationIt is a striking gap in the drafting of the insolvency legislation that the effects of the making of a bankruptcy...
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25th Sep
Practice notes
The debtor’s proposal for an IVAThe process for entering into an IVA begins with the debtor’s proposal. In practice, this will be formulated by the...
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25th Sep
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid...
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26th Sep
Practice notes
Duration of an individual voluntary arrangementAn individual voluntary arrangement (IVA) is an agreement entered into between an individual and their...
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26th Sep
Practice notes
This Practice Note has been archived and is not maintained.The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid before...
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26th Sep
Precedents
IntroductionI [insert debtor's name] wish to give my creditors the opportunity of considering an Individual Voluntary Arrangement (the Arrangement)....
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26th Sep
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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26th Sep
Q&As
Under an individual voluntary agreement (IVA), a debtor avoids bankruptcy by entering into a repayment plan with their creditors. If the former spouse...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 28th Sep
Q&As
What is an individual voluntary agreement (IVA)?An individual voluntary arrangement (IVA) is a mechanism by which a debtor is able to enter into a...
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28th Sep
Q&As
The Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 8.8(4) states that where an application for an interim order in connection...
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Produced in partnership with Benn Richards and Martin Askew of Clarke Willmott LLP 28th Sep
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR...
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Produced in partnership with Christopher Branson of Boyes Turner 28th Sep
Q&As
This Q&A raises two questions. The first question concerns the impact of the completion of an individual voluntary arrangement (IVA) on the...
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Produced in partnership with Oberon Kwok of Selbourne Chambers 28th Sep
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR...
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Produced in partnership with David Sawtell of 39 Essex Chambers 28th Sep
Q&As
The obligations of a supervisor in connection with a breach of the terms of a voluntary arrangement will be set out within the proposal document and...
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Produced in partnership with Alison Curry of Insolvency Support Services 29th Sep

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