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Secondary trading and loan portfolio sales

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Latest Restructuring & Insolvency News

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 Restructuring & Insolvency news provides comprehensive and up to date legal information on What is the latest news on France’s restructuring and insolvency law reforms?

Recognition of an administration in the Abu Dhabi Global Market under the Cross Border Insolvency Regulations 2006 (Re NMC Healthcare Ltd (in administration) [2021] EWHC 1806 (Ch))

Recognition of an administration in the Abu Dhabi Global Market under the Cross Border Insolvency Regulations 2006 (Re NMC Healthcare Ltd (in administration) [2021] EWHC 1806 (Ch))

Recognition of an administration in the Abu Dhabi Global Market under the Cross Border Insolvency Regulations 2006 (Re NMC Healthcare Ltd (in administration) [2021] EWHC 1806 (Ch))

Jurisdiction under Article 6(1) of the Recast Insolvency Regulation (Emerald v Cassini)

Jurisdiction under Article 6(1) of the Recast Insolvency Regulation (Emerald v Cassini)

The following Dispute Resolution news provides comprehensive and up to date legal information on Jurisdiction under Article 6(1) of the Recast Insolvency Regulation (Emerald v Cassini)

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Austria

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Austria

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Austria

Featured Restructuring & Insolvency content

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act...

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...

Recapitalisations

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

Q&As

A mortgagee in possession has sold a property at auction. The mortgagee's charge is dated 20 February 2008. There is an equitable charge created by an interim charging order in favour of a second lender, registered on the 25th October 2010. Will the sale by the mortgagee in possession overreach the subsequent equitable charge and if so, will the equitable charge simply fall away or should the purchaser take any further steps to remove it from the register?

A mortgagee in possession has sold a property at auction. The mortgagee's charge is dated 20 February 2008. There is an equitable charge created by an...
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19th May
Practice notes

What is a pre-pack administration sale?

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

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

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
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

Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings

Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
tag iconCOVID-19
Practice notes

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

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
tag iconIn-house
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

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Precedents

Certificate of urgency for applications in insolvency proceedings

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

A guide to independent business reviews

A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May
Practice notes

Covenant waivers and resets

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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19th May

Most recent Secondary trading and loan portfolio sales content

Practice notes

The proper law doctrine for R&I lawyers

The proper law doctrine for R&I lawyersThe proper law doctrine provides that the discharge of a debt may only properly be determined by the governing...
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27th Jul
Practice notes

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...
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17th Jun
Practice notes

Use of information in the secondary debt market for loan trading

Use of information in the secondary debt market for loan tradingThis may have an impact on this Practice Note in relation to regulation of the...
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Produced in partnership with Diane Roberts of Reed Smith 14th Jun
Practice notes

Secondary trading of distressed debts

Secondary trading of distressed debtsCompanies which are starting to show signs of distress often see their debt being traded on the secondary market...
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5th Jun
Precedents

Deed of assignment: for an unsecured bilateral facility agreement

Deed of assignment: for an unsecured bilateral facility agreementThis Deed is made on [insert day and month] 20[insert year]Parties1[insert name of...
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5th Jun
Precedents

Notice of assignment and form of acknowledgement: for a bilateral facility agreement (transfer of loan)

Notice of assignment and form of acknowledgement: for a bilateral facility agreement (transfer of loan)[To be printed on the headed paper of the...
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5th Jun
Precedents

Deed of novation: for an unsecured bilateral facility agreement

Deed of novation: for an unsecured bilateral facility agreementThis Deed is made on [insert day and month] 20[insert year]Parties1[insert name of...
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5th Jun
Practice notes

Loan portfolio sales—key issues

Loan portfolio sales—key issuesThis Practice Note considers some of the key issues which can arise on a loan portfolio sale and which may be relevant...
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4th Jun
Practice notes

Transferring a loan by sub-participation

Transferring a loan by sub-participationSub-participation is a means by which a lender can transfer its risk in a loan to another lender. For an...
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4th Jun
Practice notes

Transferring a loan by equitable assignment

Transferring a loan by equitable assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an...
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4th Jun
Practice notes

Loan portfolio sales—legal documentation

Loan portfolio sales—legal documentationThis Practice Note provides an overview of the main legal documentation which may be used to conclude the...
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4th Jun
Practice notes

Transferring a loan by legal assignment

Transferring a loan by legal assignmentAssignment is a means by which a lender can transfer its interest in a loan to another lender.For an overview...
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4th Jun
Practice notes

Debt buy-backs

Debt buy-backsThe ability of borrowers, members of the borrower group or the sponsor (or affiliates of the sponsor) to buy back loans became a live...
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4th Jun
Practice notes

Overview of the key documentation in a typical secondary debt trade

Overview of the key documentation in a typical secondary debt tradeSecondary debt trades in the London market are typically documented through a suite...
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Produced in partnership with K&L Gates 4th Jun
Practice notes

Secondary debt trading—timeline of a typical trade

Secondary debt trading—timeline of a typical tradeThe timeline outlined below is an indicative time-frame incorporating the various steps required...
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Produced in partnership with K&L Gates 4th Jun
Practice notes

Key issues in loan transfers

Key issues in loan transfers There are times when a lender might want to get back some of the money it has lent to a borrower before the borrower is...
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4th Jun
Practice notes

Transferring a loan by novation

Transferring a loan by novationNovation is a means by which a lender can transfer its interest in a loan to another lender.This Practice Note looks at...
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4th Jun
tag iconIn-house
Practice notes

Loan portfolio sales—an introduction

Loan portfolio sales—an introductionThis Practice Note provides an introduction to loan portfolio sales, considering in particular the types of...
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4th Jun
Practice notes

Comparing UK and US secondary debt trading markets, with particular reference to the LMA v LSTA recommended terms for secondary trading

Comparing UK and US secondary debt trading markets, with particular reference to the LMA v LSTA recommended terms for secondary tradingThe UK and US...
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Produced in partnership with Diane Roberts of Reed Smith 4th Jun

Popular documents

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

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Lease transactions toolkit (environmental issues)—Commercial Property Standard Enquiries and additional

Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)

Provisional sums

Provisional sums

Provisional sumsWhat are provisional sums?There is no precise standard definition of provisional sum but it is generally understood to refer to an amount inserted in a bill of quantities, or contract sum analysis, to cover certain items of work that cannot be accurately defined, detailed or valued

Public inquiry procedure

Public inquiry procedure

Public inquiry procedureThe procedure by which a public inquiry is conducted will vary significantly from one inquiry to the next. Even for inquiries established under the Inquiries Act 2005 (IA 2005), the associated inquiry rules are not particularly prescriptive as to how they ought to be