Restructuring Plan

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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
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
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
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
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 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
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
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
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
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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9th Nov
Practice notes
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...
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9th Nov
Practice notes
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 12th Jan
Practice notes
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 12th Jan
Practice notes
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
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9th Nov

Most recent Restructuring Plan content

Practice notes
Rome I—scope and exclusionsThis Practice Note is for use when determining applicable law where the contract was entered into on or before 31 December...
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Produced in partnership with Angharad Parry of 20 Essex Street 15th May
Practice notes
Hague Convention on Choice of Court Agreements—application by contracting statesThis Practice Note considers the application of the Hague Convention...
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Produced in partnership with Cara North of Lipman Karas 15th May
Practice notes
Tracker—Hague Convention on Choice of Courts AgreementsThis Tracker is for use when determining whether a country is a signatory to the Hague...
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Produced in partnership with Cara North of Lipman Karas 15th May
Practice notes
Hague Convention on Choice of Court Agreements—enforcementThis Practice Note considers the Hague Convention on Choice of Court Agreements and its...
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Produced in partnership with Cara North of Lipman Karas 15th May
Practice notes
Brexit implementation period—applicable law [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note...
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15th May
Practice notes
Hague Convention on Choice of Court Agreements—jurisdictionThis Practice Note considers the application of the Hague Convention on Choice of Court...
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Produced in partnership with Cara North of Lipman Karas 15th May
Practice notes
Applicable law—common law (contract)This Practice Note sets out when the common law applies in respect of contract claims. It considers what the...
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15th May
Practice notes
Rome II—application and interpretationThis Practice Note is for use when determining applicable law in respect of events giving rise to damage, where...
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15th May
Practice notes
Rome Convention—introduction and interpretation [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.The UK is no longer...
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15th May
Practice notes
Hague Convention on Choice of Court Agreements—scopeThis Practice Note considers the Hague Convention on Choice of Court Agreements which applies to...
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Produced in partnership with Cara North of Lipman Karas 15th May
Practice notes
Schemes of arrangement and restructuring plans: key terms trackerConsent fees and class issuesThe court will not have jurisdiction to sanction a...
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15th May
Practice notes
Schemes and restructuring plans: lock-up agreements and consent feesJudges have found that the caselaw relating to schemes is equally applicable to...
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15th May
Practice notes
Corporate Insolvency and Governance Act 2020—restructuring plan provisionsSpurred on by the coronavirus (COVID-19) pandemic, the government pushed...
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15th May
Practice notes
Schemes of arrangement and restructuring plans—class issuesThis Practice Note looks at the general principles involved in determining class issues....
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Produced in partnership with Jonathan Akinluyi of Latham & Watkins and Riccardo Alonzi of Skadden 15th May
Practice notes
Part 26 A restructuring plan: pension issuesSection 7 of and Schedule 9 to the Corporate Insolvency and Governance Act 2020 (CIGA 2020) introduce a...
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15th May
Practice notes
Cross-Class Cram Down under a Part 26A restructuring plan Section 7 and Schedule 9 of the Corporate Insolvency and Governance Act 2020 (CIGA 2020)...
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15th May
Practice notes
Restructuring plan in respect of a Limited Liability PartnershipThe restructuring plan under CA 2006, Part 26AThe Corporate Insolvency and Governance...
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15th May
Practice notes
Brexit—impact on restructuring plans Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance...
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15th May
Practice notes
Corporate Insolvency and Governance Act 2020—frequently asked questions (FAQs) on the restructuring planThe Corporate Insolvency and Governance Act...
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15th May
Practice notes
The Corporate Insolvency and Governance Act 2020, the increase in the prescribed part and reintroduction of Crown preference—key issues and discussion...
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15th May

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