Property issues in bankruptcy cases

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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 Property issues in bankruptcy cases content

Practice notes
Unwinding unlawful transactions in bankruptcyGeneral duties of the trustee in bankruptcyThe main function and duty of a trustee in bankruptcy...
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24th Aug
Practice notes
Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will applyThis Practice Note...
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24th Aug
Practice notes
What assets vest in the trustee in bankruptcy and what steps does the official receiver or trustee in bankruptcy need to take?Definition of property...
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24th Aug
Practice notes
Protecting a trustee in bankruptcy's interest in property following their appointmentThis Practice Note looks at some of the initial steps a trustee...
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18th Aug
Practice notes
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
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18th Aug
Practice notes
Possession and sale applications in respect of a bankrupt's family homeWhen the bankrupt's estate vests in the trustee in bankruptcy (trustee)...
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18th Aug
Practice notes
The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986The 'three-year rule' and why it appliesThe reforms introduced by the...
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Produced in partnership with Amit Gupta of St Philips Chambers 18th Aug
Precedents
Contract for sale—sale by trustee in bankruptcy or by bankrupt co-owner incorporating the Standard Conditions of Sale (Fifth Edition)date...
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10th Aug
Precedents
Witness statement for a trustee in bankruptcy’s possession and sale application concerning the bankruptcy’s homeApplicant: [insert initials and...
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10th Aug
Precedents
Application notice for a trustee in bankruptcy’s possession and sale application concerning the bankrupt’s homeNote: This Precedent should be used in...
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10th Aug
Practice notes
Statutory Protection against mortgage repossession for residential tenantsThe Mortgage Repossessions (Protection of Tenants etc) Act 2010 (MR(PT)A...
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9th Aug
Q&As
As a trustee in bankruptcy are there any steps which can be taken to prevent a mortgagor from appointing an LPA receiver?The power to appoint a...
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Produced in partnership with Natalie Brown of Radcliffe Chambers 1st Aug

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