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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 pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...

Debt for equity swaps

Debt for equity swaps

Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...

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...

Recapitalisations

Recapitalisations

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

Practice notes

US bankruptcy financing—debtor-in-possession (DIP) financing

US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May
tag iconIn-house
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

Joint office-holder appointments

Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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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
Practice notes

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

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 Proceedings

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 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
Q&As

Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so, can a director be held personally liable?

Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
tag iconIn-house
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
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

Most recent R&I in Scotland content

Practice notes

Investigating title in Scotland—searches and enquiries—the basics

Investigating title in Scotland—searches and enquiries—the basicsSearches are an essential part of the examination of any heritable title in Scotland...
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Produced in partnership with Gary Donaldson of Millar & Bryce 5th Jun
tag iconScottish Law
Practice notes

Recovering rent, arrears and rates considerations in Scotland

Recovering rent, arrears and rates considerations in ScotlandCoronavirus (COVID-19): During the current pandemic, legislation, guidance and changes to...
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Produced in partnership with Gavin Deeprose of DLA Piper and Alistair Drummond of DLA Piper 5th Jun
tag iconScottish Law
Practice notes

Comparison of priority periods in England (official search with priority) against protected period in Scotland (advance notice)

Comparison of priority periods in England (official search with priority) against protected period in Scotland (advance notice)In property...
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Produced in partnership with Rachel Oliphant of Pinsent Masons 5th Jun
tag iconScottish Law
Practice notes

Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processes

Enforcing standard security Scotland—voluntary surrender, court proceedings and insolvency processesCoronavirus (COVID-19): During the current...
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Produced in partnership with Alistair Drummond of DLA Piper 5th Jun
tag iconScottish Law
Practice notes

Coronavirus (COVID-19) implications for dispute resolution in Scotland

Coronavirus (COVID-19) implications for dispute resolution in ScotlandThis Practice Note provides guidance on how the Scottish civil courts are...
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5th Jun
tag iconScottish Law tag iconCOVID-19
Practice notes

Money attachment in Scottish civil litigation

Money attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in England and...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 5th Jun
tag iconScottish Law
Precedents

R3 Standard Form COVID-19 CVA Proposal (SCOTLAND)

R3 Standard Form COVID-19 CVA Proposal (SCOTLAND)IN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY ACT...
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5th Jun
tag iconScottish Law tag iconCOVID-19
Practice notes

Enforcing standard security Scotland—default events, creditor’s rights and service of notices

Enforcing standard security Scotland—default events, creditor’s rights and service of noticesCoronavirus (COVID-19): During the current pandemic,...
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Produced in partnership with Alistair Drummond of DLA Piper 5th Jun
tag iconScottish Law
Practice notes

Diligence against earnings in Scottish civil litigation

Diligence against earnings in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•the equivalent in...
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Produced in partnership with Lynsay Cargill of MacRoberts LLP 5th Jun
tag iconScottish Law
Practice notes

Disputes in assignation and subletting leases in Scotland

Disputes in assignation and subletting leases in ScotlandAssignation and sublettingAssignation and subletting are two options which a tenant may use...
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Produced in partnership with Rebecca Roberts of DLA Piper Scotland LLP 5th Jun
tag iconScottish Law
Practice notes

Attachment in Scottish civil litigation

Attachment in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 5th Jun
tag iconScottish Law
Practice notes

Inhibition in Scottish civil litigation

Inhibition in Scottish civil litigationThis Practice Note considers the position in Scotland. For guidance on:•other forms of diligence in Scottish...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 5th Jun
tag iconScottish Law
Practice notes

Adjudication for debt in Scottish civil litigation

Adjudication for debt in Scottish civil litigationThis Practice Note:•considers the position in Scotland. For guidance on:◦the equivalent in England...
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Produced in partnership with Julie Hamilton of MacRoberts LLP 5th Jun
tag iconScottish Law
Practice notes

Scottish civil recovery—process and procedure

Scottish civil recovery—process and procedureRecovery ordersThis Practice Note outlines the Scottish procedure for obtaining a civil recovery order...
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5th Jun
tag iconScottish Law
Practice notes

Virtual execution under Scots law

Virtual execution under Scots lawIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 4th Jun
tag iconScottish Law
Practice notes

Registration of security created under Scots law

Registration of security created under Scots lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this...
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Produced in partnership with Addleshaw Goddard 4th Jun
tag iconScottish Law
Practice notes

Taking security under Scots law

Taking security under Scots lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The content of this Practice Note is...
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Produced in partnership with Addleshaw Goddard 4th Jun
tag iconScottish Law
Practice notes

Floating charges—differences between Scots and English law

Floating charges—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at Companies House: The...
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4th Jun
tag iconScottish Law
Practice notes

Taking security over land and buildings—differences between Scots and English law

Taking security over land and buildings—differences between Scots and English lawSTOP PRESS—Coronavirus (COVID-19) and registration of charges at...
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Produced in partnership with Addleshaw Goddard 4th Jun
tag iconScottish Law
Practice notes

Execution of documents under Scots law

Execution of documents under Scots lawThe rules regarding execution of documents governed by the laws of Scotland are contained in:•the Requirements...
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Produced in partnership with David Blair, Solicitor at Anderson Strathern 4th Jun
tag iconScottish Law

Popular documents

Joint, several, and joint and several liability

Joint, several, and joint and several liability

Joint, several, and joint and several liabilityContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sector

PRA Rulebook—introduction for the insurance and reinsurance sectorOn 29 August 2015, the Prudential Regulation Authority (PRA) published the PRA Rulebook (Rulebook). The transition from the Handbook to the Rulebook was intended to benefit PRA-authorised firms, to access clearer and more concise

False imprisonment

False imprisonment

False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary

Pre-trial and case management hearings in the Crown Court

Pre-trial and case management hearings in the Crown Court

Pre-trial and case management hearings in the Crown CourtCoronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes provision for the extended use of live links and audio links in criminal proceedings.