Restructuring Plan

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Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 12th Jan
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...
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Produced in partnership with South Square 12th Jan
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...
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9th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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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)...
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9th Nov
Practice notes
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
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)...
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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...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 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...
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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...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
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...
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Produced in partnership with South Square and BDO LLP 12th Jan
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....
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9th Nov
Practice notes
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
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Produced in partnership with Allan Kelly of RSM 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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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...
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9th Nov

Most recent Restructuring Plan content

Practice notes
This Practice Note provides a map of the financial services exemptions from the provisions for moratorium and restrictions on ipso facto clauses which...
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22nd Jan
Practice notes
An introduction to the legislationCorporate Insolvency and Governance Act 2020Expedited by the coronavirus (COVID-19) pandemic, the Corporate...
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22nd Jan
Practice notes
Key provisions of the ActOn 25 June 2020, after less than 40 days in Parliament, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) received...
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22nd Jan
Practice notes
This Practice Note looks at the general principles involved in determining class issues. For a more detailed look at what may or may not fracture a...
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Produced in partnership with Jonathan Akinluyi of Latham & Watkins and Riccardo Alonzi of Skadden 22nd Jan
Practice notes
The Corporate Insolvency and Governance Act 2020 (CIGA 2020) creates a new restructuring tool in the form of a restructuring plan under Part 26A of...
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22nd Jan
Practice notes
Spurred on by the coronavirus (COVID-19) pandemic, the government pushed through the Corporate Insolvency and Governance Act 2020 (CIGA 2020). The...
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22nd Jan
Practice notes
This Tracker is for use when determining whether a country is a signatory to the Hague Convention on Choice of Courts Agreements and whether the...
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Produced in partnership with Cara North of Lipman Karas 21st Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For specific guidance on the...
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Produced in partnership with Cara North of Lipman Karas 21st Jan
Practice notes
Consent fees and class issuesThe court will not have jurisdiction to sanction a scheme/plan at the subsequent sanction hearing if the meetings of the...
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19th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering jurisdiction and cross border enforcement. For guidance, see...
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19th Jan
Practice notes
This Practice Note is for use when determining applicable law in respect of events giving rise to damage, where such events occurred on or before IP...
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18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which country’s laws will be applied when determining a dispute....
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18th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering the recognition and enforcement of judgments. For general...
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18th Jan
Practice notes
This Practice Note considers the rules for determining the applicable law, also known as governing law, as they will apply between the UK’s departure...
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18th Jan
Practice notes
This Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December 2020.For guidance on the...
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Produced in partnership with Angharad Parry of 20 Essex Street 18th Jan
Practice notes
Judges have found that the caselaw relating to schemes is equally applicable to restructuring plans on many issues (see Re PizzaExpress (convening)...
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15th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For general guidance on the...
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11th Jan
Practice notes
Brexit: The UK's departure from the EU has implications for practitioners considering which courts have jurisdiction. For specific guidance, see...
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11th Jan
Practice notes
Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...
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6th Jan
Practice notes
Requirement for a proper law of a contractThe rationale for the need for there to be a proper law of a contract was explained in the dictum of Lord...
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3rd Dec

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