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...
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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...
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...
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
This Deed is made on [insert day and month] 20[insert year]Parties1[insert name of Transferor] of [insert address] (the Transferor);2[insert name of...
The ability of borrowers, members of the borrower group or the sponsor (or affiliates of the sponsor) to buy back loans became a live issue when the...
The proper law doctrine provides that the discharge of a debt may only properly be determined by the governing law of the debt. As such, and subject...
Companies which are starting to show signs of distress often see their debt being traded on the secondary market at prices below par/face value. The...
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