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Includes new legislation due to coronavirus. Temporary provisions centre around winding-up petitions, wrongful trading and ipso facto clauses. Permanent changes include the creation of two corporate insolvency processes.
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Restructuring & Insolvency analysis: The case concerned the fall-out from the sale of an accountancy practice, the dispute centring on the...
This week's edition of Restructuring & Insolvency weekly highlights includes: an examination of a challenge to administrator appointments (Glint Pay v...
The Insolvency Service reported that Eric Agyeman has been sentenced to two years and two months after fraudulently obtaining £130,000 through three...
Restructuring & Insolvency analysis: Following the High Court's refusal to sanction the Part 26A restructuring plan (RP) for Waldorf Production UK...
The Insolvency Service has reported that Robert Kurzawa received a 12-week suspended prison sentence on 5 September 2025 for breaching a director...
Construction insolvency—how to spot problems and how to protect yourself—sub-contractorsThis Practice Note is intended to provide advice to...
Part 26A restructuring plan deal debrief—Waldorf Production UK PlcWaldorf Production UK Plc applied for a Part 26A restructuring plan (RP) at a...
Court appointments of administrators—the procedureThis Practice Note will cover:•the procedure for court administration appointments, and•the...
Out-of-court administration appointments by a company or its directors—the procedureOut-of-court appointmentsThis Practice Note covers:•the...
The effect of insolvency on guaranteesWhat is a guarantee?A guarantee is an agreement between one person/entity (the guarantor) and another...
Reservation of rights letter: breach of bilateral facility agreement[To be printed on the headed paper of the lender][insert date]To:[insert name and...
Administration orderCourt Reference No. [number].[IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN...
Letter to administrator requesting consent to bring proceedings against a company in administration[insert name, address and contact...
Administration order—joint administratorsCourt Reference No. [number].[IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES...
Certificate of urgency for applications in insolvency proceedingsCASE NO: [insert case number]IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
How to serve a demand for paymentA demand for payment is a formal demand made in accordance with the contractual requirements underpinning the...
Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...
Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...
Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
Effect on proceedings against a company being wound up and after a winding-up order is madeThis Practice Note sets out guidance as to what happens...
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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...
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
Administration expensesThis Practice Note provides an overview of what amounts to an administration expense and discusses key case law.Expenses of an...
The process by which documentation is sent to interested parties
A simplified sequestration process for people with few assets. It is only available to people with debts of between £1,500 and £17,000 and where assets do not exceed £2,000 (with no single asset worth more than £1,000). The debtor must have been in receipt of benefits only for the previous six months or not be capable of paying a contribution as assessed by the Common Financial Tool
The process for recalling a decree (judgement) which has been granted in absence