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Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
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
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes
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
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 situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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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 2016The Insolvency...
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Produced in partnership with Richard Bowles 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...
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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...
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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...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 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)...
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19th May
Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
Practice notes
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
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Informal restructuring tools content

Practice notes
Restructuring combined with schemes, administrations, CVAs and Chapter 11Formulating an informal restructuring planInformal restructuring deals may...
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31st Jul
Practice notes
Key elements of confidentiality agreements—restructuring & insolvencyWhen restructuring is being considered, the company must ensure that relevant...
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31st Jul
Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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31st Jul
Practice notes
Transfer to NewcoA popular restructuring method is to transfer the company's assets or business to a newly formed company (Newco). Essentially the...
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31st Jul
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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31st Jul
Practice notes
Blocking majoritiesIt's important to consider the underlying finance documents to determine the requisite majorities of creditors which can block...
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31st Jul
Practice notes
Liquidation demergersThis Practice Note is about the tax implications of liquidation demergers, also known as section 110 demergers, after section 110...
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31st Jul
Precedents
Restructuring AgreementThis Agreement is made on [insert day and month] 20[insert year]Parties1The Consenting Lenders (listed in Schedule 1);2[The...
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30th Jul
Practice notes
Restructuring processOnce a company starts showing signs of distress, its directors must act quickly if they want to complete a successful...
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30th Jul
Practice notes
New money and equity injections in a restructuring situationNeed for new moneyThe starting point for many companies facing financial difficulty is to...
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30th Jul
Practice notes
Debt waivers, extending maturity and debt reschedulingThis Practice Note covers:•debt rescheduling—extending the amortisation/repayment schedule of...
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30th Jul
Practice notes
Break up and asset salesGeneral overview of asset salesWhether a buyer is purchasing assets from a solvent seller, or a seller which is distressed or...
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Produced in partnership with Tim Carter of Stevens & Bolton LLP 30th Jul
Practice notes
Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...
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30th Jul
Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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30th Jul
Precedents
Confidentiality agreement — restructuring & insolvencyThis Agreement is made [insert day and month] 20[insert year]Parties1[insert name of debtor...
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30th Jul
Precedents
Standstill AgreementThis Agreement is made on [insert day and month] 20[insert year]Parties1The Lenders (as set out in Schedule 1) (the Lenders);...
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30th Jul
Practice notes
Rescue buyoutsWhat is a rescue buyout?A company or a business in a rescue situation is one that is in potential financial difficulties, either because...
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30th Jul
Practice notes
Enforcing share securityThis Practice Note summarises:•the different forms of share security•the main enforcement options open to security...
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30th Jul
Practice notes
Restructuring an acquisition finance dealBREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation...
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Produced in partnership with Neil Caddy and Nicholas Sullivan of Fried, Frank, Harris, Shriver & Jacobson (London) LLP 30th Jul
Practice notes
Insolvency Act 1986 s 110 arrangementsThis Practice Note covers: •what arrangements under Insolvency Act 1986 (IA 1986), s 110 (a s 110 arrangement)...
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Produced in partnership with Phillip Taylor of Sidley Austin LLP and Chris Laughton of Mercer & Hole Chartered Accountants 27th Jul

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