Q&As

View Restructuring & Insolvency by content type:

Latest Restructuring & Insolvency News

Featured Restructuring & Insolvency content

Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
Read More >
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...
Read More >
19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
Read More >
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)...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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,...
Read More >
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)...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Allan Kelly of RSM 19th May

Most recent Q&As content

Q&As
Does the pre-action protocol for debt claims apply to insolvency claims, particularly in actions to recover directors' loan accounts or void post...
Read More >
17th Sep
Q&As
Can a former employee enforce payment of sums due under a settlement agreement against a company that is subject to a company voluntary arrangement?In...
Read More >
Produced in partnership with Carly Schiff of Gateley Plc 17th Sep
Q&As
Can an employee serve a statutory demand for unpaid wages?For information on wages generally, see Practice Note: Pay and wages.Statutory demands can...
Read More >
17th Sep
Q&As
How do I activate a force majeure provision?There is no judicially accepted definition of the term ‘force majeure’, so what the parties mean by it...
Read More >
Produced in partnership with Richard Nicholas of Browne Jacobson 15th Sep
Q&As
Can an agreement be terminated for frustration due to coronavirus (COVID-19)?What is the doctrine of frustration?If the contract does not include a...
Read More >
15th Sep
Q&As
Can you provide case law on a scenario where an enforcement of security has been challenged by a borrower and the borrower then sued the bank for loss...
Read More >
Produced in partnership with James Hall of Gatehouse Chambers 15th Sep
Q&As
What are the implications on a residential property purchase transaction when the seller has been made bankrupt in a foreign country?The short answer...
Read More >
14th Sep
Q&As
My client and/or the instructing solicitor have had to shut their offices part-way through the disclosure exercise as a result of coronavirus...
Read More >
Produced in partnership with Chris Bryden of 4 King’s Bench Walk 14th Sep
Q&As
A is in administration and owes a sum to B. B owes a sum to A. What steps can B take?In this Q&A, we have assumed that B’s claim is smaller than...
Read More >
13th Sep
Q&As
What is the status of a deposit paid under a contract upon termination for insolvency?This Q&A considers a scenario where:•there is a...
Read More >
Produced in partnership with XXIV Old Buildings 13th Sep
Q&As
Where a document forms a schedule to an agreement, if the document in the schedule is signed rather than being printed as a separate agreement and...
Read More >
13th Sep
Q&As
I have received a force majeure notice from my supplier, what do I do?The first thing to do is to unearth the relevant contract. The notice will have...
Read More >
Produced in partnership with XXIV Old Buildings 13th Sep
Q&As
An LPA receiver is offering a property for sale in an auction. The LPA receiver has received an offer 30% above the guide price. Is the LPA receiver...
Read More >
13th Sep
Q&As
In relation to witness evidence under the Civil Procedure Rules, what are the time limits for filing a witness statement with the court? Are there...
Read More >
Produced in partnership with Kayleigh Lindford and Philip Roberts of Clarke Willmott 9th Sep

Popular documents