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...
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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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...
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
What is the process for undertaking checks for winding-up petitions in the District Registries and County Court hearing centres in the location where...
For the purposes of this Q&A, we have assumed that the judgment arises from an 'ordinary' unpaid debt and the defendant’s discharge was automatic on...
This Q&A refers to a retention of title (ROT) clause in a business-to-business contract for the supply of goods.At its simplest, an ROT clause allows...
The winding up of a partnershipThe Insolvent Partnerships Order 1994 (IPO 1994), SI 1994/2421 provides five routes by which a partnership may be wound...
The appointment of a receiver is a remedy for creditors and other third parties to protect their interest in assets. They can be appointed by a court,...
If a non-financial provision in a court order needs enforcing—such as if the order concerns directing a party to execute any conveyance, contract or...
This Q&A focuses on sales by liquidation. Sales by other office-holders when company is not in liquidation are not considered.A director of a company...
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