Property issues in administration

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Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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9th Nov
Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 12th Jan
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 12th Jan
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
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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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
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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9th Nov
Practice notes
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
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Produced in partnership with Allan Kelly of RSM 12th Jan
Practice notes
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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9th Nov
Practice notes
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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Produced in partnership with South Square and BDO LLP 12th Jan

Most recent Property issues in administration content

Practice notes
Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the impact of the voluntary industry measures...
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26th Apr
Practice notes
Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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14th Apr
Practice notes
Real estate often forms part of the assets of an insolvent company to be sold by an administrator and can frequently be key to a potential buyer so it...
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Produced in partnership with Tim Carter of Stevens & Bolton LLP 9th Apr
Practice notes
Insolvency of private not-for-profit registered providers of social housingThe social housing sector in England is commonly described as a ‘no...
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Produced in partnership with Eleanor James of Trowers & Hamlins LLP 9th Apr
Practice notes
This Practice Note will give a basic overview of what amounts to an administration expense and some of the case law on this topic.Expenses of an...
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Produced in partnership with Jamil Mustafa of South Square Chambers 9th Apr
Practice notes
This Practice Note considers the interaction between the statutory moratorium under Schedule B1 to the Insolvency Act 1986 (IA 1986), which prevents...
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Produced in partnership with Carolyn Jones 8th Apr
Practice notes
This Practice Note considers the interaction between the statutory moratorium under Schedule B1 to the Insolvency Act 1986 (IA 1986), which prevents...
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Produced in partnership with Carolyn Jones 8th Apr
Practice notes
The success of an administration will often depend on the value of the assets available to the company and the administrator's ability to deal with...
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Produced in partnership with Tom Shepherd of 4 New Square 8th Apr
Precedents
Date [insert date of surrender]Parties1[insert name of Landlord] [of [insert address] OR incorporated in England and Wales with company registration...
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24th Feb
Precedents
Dated the [insert day and month] 20[insert year]Parties1[name of Lender] a company incorporated in [England and Wales] under number [insert company...
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17th Feb
Q&As
Practice Note: Administration sales involving property—process and options for a buyer considers the key issues when selling or acquiring a property...
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15th Feb
Q&As
In an administration, landlords are able to claim for both arrears of rent and future rents but they are both subject to different criteria and will...
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15th Feb
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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15th Feb
Precedents
To be typed on [Name of company in administration] (in administration) Headed paper To:[Insert name(s) and address and company number (if relevant) of...
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14th Feb
Q&As
The liquidator or administrator has the powers set out in Schedules 4 and 1 to the Insolvency Act 1986 (IA 1986) respectively and these extend to...
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29th Jan
Q&As
Company voluntary arrangementsA company voluntary arrangement (CVA) is a statutory contract between the company and its creditors and is used by a...
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22nd Jan

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