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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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The Insolvency Service has announced that the former director of Greensill Capital (UK) Limited, Greensill Limited and Greensill Capital Pty Limited,...
This week's edition of Restructuring & Insolvency weekly highlights includes: the Insolvency (England and Wales) (Amendment) Rules 2026 were laid and...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Consumer credit law for insolvency...
The Insolvency Service announced that Leanne Richardson, director of ESL Consultancy Services Ltd, has been disqualified for six years for supervising...
The Insolvency Service has announced that Ishfaq Hussain, sole director of Bradford-based Reeson Homes Ltd, has been sentenced for fraudulently...
The purpose of a preference claim under section 239 of the Insolvency Act 1986 (IA 1986) is to prevent a situation where a creditor is given priority...
A transaction at an undervalue (TUV) claim can only be brought by a trustee in bankruptcy (trustee).Section 339 of the Insolvency Act 1986 (IA 1986)...
Limitation periods refer to the time during which a claim must be brought.The law on limitation periods is set out in the Limitation Act 1980 (LA...
Obtaining information about the company’s affairsUpon their appointment, a liquidator, provisional liquidator, administrative receiver or...
The Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016, SI 2016/1024 give insolvency office-holders in certain situations the...
On behalf of: applicantBy: [insert name]No: [insert statement number]Exhibits: [insert details]Date: [insert date]Filed: [insert date]Court Reference...
Court Reference No: [INSERT COURT REF. NUMBER]Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][BUSINESS AND PROPERTY COURTS [OF ENGLAND...
Court Reference No: [INSERT COURT REF. NUMBER]Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][BUSINESS AND PROPERTY COURTS [OF ENGLAND...
Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE][BUSINESS AND PROPERTY COURTS] [OF ENGLAND AND WALES] OR IN [insert location] OR THE...
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE][BUSINESS AND PROPERTY COURTS] [OF ENGLAND AND WALES] OR THE COUNTY COURT...
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...
Process (similar to diligence on the dependence) which restricts the debtor's ability to deal with a limited range of moveable assets in their possession while a court action progresses
An inability to pay debts or instalments on debts as they become due is called simple or practical insolvency. A debtor can be practically insolvent without any formal legal steps being taken, and even though they could, given time, realise sufficient assets to pay all the debts
An agreement between secured creditors as to the ranking of their security and debt, which usually also provide for agreed enforcement restrictions. Under Scots law, these will constitute an amendment of the security itself, and as such are registerable against the security at Companies House. Even where English deeds affect priority of security, they are not subject to registration requirements