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Latest Restructuring & Insolvency News

Wherever I lay my hat is not necessarily my home (for the purposes of bankruptcy) (Lakatamia Shipping Company Ltd v Hsin Chi Su)

Wherever I lay my hat is not necessarily my home (for the purposes of bankruptcy) (Lakatamia Shipping Company Ltd v Hsin Chi Su)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Wherever I lay my hat is not necessarily my home (for the purposes of bankruptcy) (Lakatamia Shipping Company Ltd v Hsin Chi Su)

Restructuring & Insolvency weekly highlights—29 July 2021

Restructuring & Insolvency weekly highlights—29 July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—29 July 2021

Extension of time refused by Court of Appeal despite coronavirus (COVID-19) (Watts v Revenue and Customs Commissioners)

Extension of time refused by Court of Appeal despite coronavirus (COVID-19) (Watts v Revenue and Customs Commissioners)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Extension of time refused by Court of Appeal despite coronavirus (COVID-19) (Watts v Revenue and Customs Commissioners)

What is the latest news on France’s restructuring and insolvency law reforms?

What is the latest news on France’s restructuring and insolvency law reforms?

The following Banking & Finance news provides comprehensive and up to date legal information on What is the latest news on France’s restructuring and insolvency law reforms?

Featured Restructuring & Insolvency content

What do insolvency searches at The Gazette reveal?

What do insolvency searches at The Gazette reveal?

What do insolvency searches at The Gazette reveal?What is The Gazette?The Gazette provides a permanent official public record of important statutory...

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company...

Key elements of a standstill agreement

Key elements of a standstill agreement

Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...

Practice notes

Role, powers, functions and duties of a trustee in bankruptcy

Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes

Marshalling debt

Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administration

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes

Cashflow and balance sheet tests for insolvency

Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 19th May
Practice notes

Roles, powers and duties of an administrative receiver

Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes

Interference with goods in an insolvency situation

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 liquidator

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 2016

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

Practice Direction on Insolvency Proceedings

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
Q&As

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which each creditor is likely to receive has been set aside, not that the secured creditor(s) have been or will be paid in full. Where an administrator is pursuing office-holder claims—such that any recoveries will not be caught by any security—can the administrator convert the administration to a creditors’ voluntary liquidation where secured creditors will not be paid in full or at all? The consent of secured and other creditors to extend the administration has not been forthcoming.

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which...
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Produced in partnership with Caroline Clark 19th May
Practice notes

Effect on proceedings against a company being wound up and after a winding-up order is made

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

Annulment of bankruptcy orders

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 saleability

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 procedure

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

Prohibited names under section 216 of the Insolvency Act 1986

Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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19th May
Practice notes

What is a statutory demand?

What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May

Most recent Derivatives and capital markets products content

Q&As

When negotiating a Schedule to an ISDA Master Agreement, does it matter if I specify an event as an Additional Event of Default or Additional Termination Event?

When negotiating a Schedule to an ISDA Master Agreement, does it matter if I specify an event as an Additional Event of Default or Additional...
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31st Jul
Practice notes

USA—financial services regulation essentials

USA—financial services regulation essentialsIntroduction to US financial services regulationThe financial services industry in the US is heavily...
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31st Jul
Practice notes

An introduction to short selling

An introduction to short sellingShort selling, or 'going short', is a technique whereby traders sell shares or debt instruments ('securities') which...
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31st Jul
Practice notes

Key features of securitisation and asset based lending

Key features of securitisation and asset based lendingIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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31st Jul
Practice notes

Identifying bondholders and effective communication

Identifying bondholders and effective communicationCompanies, governments and municipalities issue bonds to finance their operations and fund...
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Produced in partnership with Katerina Papamichael of D F King (Europe) Limited 31st Jul
Practice notes

Bonds and notes

Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
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31st Jul
Practice notes

Impact of credit ratings downgrades

Impact of credit ratings downgradesRatings outlooks and watch-listsThe three main credit rating agents (CRAs), Moody's Investors, Standard & Poor's...
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31st Jul
Practice notes

Informal bondholders’ committee

Informal bondholders’ committeeWho and what are bondholdersBondholders (sometimes also known as noteholders) have generally invested in a company’s...
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Produced in partnership with South Square Chambers and BDO 30th Jul
Practice notes

Credit ratings

Credit ratingsRole The role of credit rating agents (CRAs) is to provide an objective and analytical opinion on the risk of payment defaults by...
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30th Jul
Practice notes

Guide to representing bondholders in a restructuring

Guide to representing bondholders in a restructuringHigh yield bondholders have been playing an increasingly significant role in restructurings. In...
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Produced in partnership with Phillip Taylor, Tamer Bahgat and Michael Lee of Alston & Bird 30th Jul
Practice notes

Mis-selling interest rate hedging products—a guide for R&I lawyers

Mis-selling interest rate hedging products—a guide for R&I lawyersIntroductionPrior to September 2008, numerous small and medium-sized enterprises...
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Produced in partnership with Matthew Shankland and Sarah Lainchbury of Sidley Austin LLP 30th Jul
Practice notes

Suspension and cancellation of listing and trading

Suspension and cancellation of listing and tradingThe Financial Conduct Authority (FCA) has the power, in accordance with the Listing Rules (LRs), to...
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30th Jul
Practice notes

ISDA confirmations

ISDA confirmationsThe vast majority of derivative transactions are documented by standard documentation developed and published by the International...
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30th Jul
Practice notes

Custody in the debt capital markets

Custody in the debt capital marketsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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30th Jul
Practice notes

ISDA definitions

ISDA definitionsThe vast majority of derivative transactions are documented by standard documentation developed and published by the International...
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30th Jul
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Practice notes

Resolving derivatives disputes—key cases

Resolving derivatives disputes—key casesThis Practice Note sets out certain key cases and associated analysis relevant to derivatives practitioners....
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30th Jul
Practice notes

The insolvency remote SPV in structured finance

The insolvency remote SPV in structured financeIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation...
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30th Jul
Practice notes

Restructuring credit event

Restructuring credit eventWhat are credit derivatives and what are credit events?What is a credit derivative?A credit derivative is a bilateral...
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30th Jul
Practice notes

Enforcement of debt securities

Enforcement of debt securitiesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered...
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30th Jul
Practice notes

What is clearing?

What is clearing?When a transaction is centrally cleared, that transaction is 'given up' or 'novated' to a central counterparty (CCP). This means that...
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30th Jul

Popular documents

Direct effect of EU law

Direct effect of EU law

Direct effect of EU lawWhat is direct effect of EU law?The doctrine of direct effect is a fundamental principle of EU law developed by the Court of Justice of the European Union in Van Gend en Loos. It is a mechanism through which individuals can enforce rights in Member States’ courts, based on EU

Amending the articles of association

Amending the articles of association

Amending the articles of associationThis Practice Note summarises the procedure to amend or change a company’s articles of association in accordance with the Companies Act 2006 (CA 2006).Why amend the articles?There are many different reasons why a company may want, or be required, to amend its

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contracts

Contract interpretation—express terms in contractsExpress and implied contractual terms distinguishedContractual terms may be either express or implied:•express terms—are terms which are actually recorded in a written contract or openly expressed in an oral contract at the time the contract is made

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the Landlord and Tenant Act 1954. They are intended to be used when completing the prescribed form under the Landlord and Tenant Act 1954, Part 2 (Notices)