Property issues in bankruptcy cases

View Restructuring & Insolvency by content type:

Latest Restructuring & Insolvency News

Featured Restructuring & Insolvency content

Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
Read More >
9th Nov
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
Read More >
Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
Read More >
9th Nov
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
Read More >
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...
Read More >
Produced in partnership with James Hannant of Guildhall Chambers 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...
Read More >
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...
Read More >
Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
Read More >
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...
Read More >
9th Nov
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)...
Read More >
9th Nov
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...
Read More >
9th Nov
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...
Read More >
Produced in partnership with South Square 12th Jan
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
Read More >
Produced in partnership with Richard Bowles 12th Jan
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...
Read More >
9th Nov
Practice notes
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...
Read More >
9th Nov
Practice notes
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...
Read More >
Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 12th Jan

Most recent Property issues in bankruptcy cases content

Practice notes
In the majority of sequestrations where the debtor has assets these will include the debtor's home (see Practice Note: Scotland: the process for...
Read More >
Produced in partnership with James Lloyd of Harper Macleod LLP 10th May
Practice notes
This Practice Note looks at the equity of exoneration: what it is, and when and how it applies. It does not look at how the trustee in bankruptcy...
Read More >
9th Apr
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...
Read More >
9th Apr
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
Read More >
9th Apr
Practice notes
This Practice Note looks at some of the initial steps a trustee in bankruptcy (trustee) should take when appointed to protect their interest in the...
Read More >
9th Apr
Practice notes
Definition of property and some general principlesProperty is defined very widely in section 436 of the Insolvency Act 1986 (IA 1986), and includes...
Read More >
9th Apr
Practice notes
The Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A 2010) applies where a landlord of a mortgaged property grants a residential...
Read More >
8th Apr
Practice notes
When the bankrupt's estate vests in the trustee in bankruptcy (trustee) immediately following the trustee's appointment, the bankrupt's property...
Read More >
8th Apr
Practice notes
This Practice Note looks at factors that the court will consider and the test it will apply when faced with an application by a trustee in bankruptcy...
Read More >
8th Apr
Precedents
Applicant: [insert initials and surname]: 1st: (exhibits).1–4: [insert date] 20[insert year]Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH...
Read More >
8th Apr
Precedents
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules...
Read More >
8th Apr
Practice notes
General duties of the trustee in bankruptcyThe main function and duty of a trustee in bankruptcy (trustee) is to get in, realise and distribute the...
Read More >
30th Mar
Practice notes
Bankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as reasonably...
Read More >
19th Mar
Practice notes
The 'three-year rule' and why it appliesThe reforms introduced by the Enterprise Act 2002 (EnA 2002) included the insertion of a new section 283A into...
Read More >
Produced in partnership with Amit Gupta of St Philips Chambers 15th Mar
Q&As
On bankruptcy, a bankrupt is divested of their estate, which primarily means all property belonging to or vested in the bankrupt on the commencement...
Read More >
Produced in partnership with XXIV Old Buildings 15th Feb
Q&As
The power to appoint a receiver of specified property is a statutory incident of a charge and is a method of enforcement of the security. Property...
Read More >
Produced in partnership with Natalie Brown of Radcliffe Chambers 15th Feb

Popular documents