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CHECKLISTS
This is a simple Checklist and timeline showing each stage from the debt becoming due to a bankruptcy petition being presented. It is applicable to personal insolvency where a statutory demand is served on the debtor. For further reading on statutory demands, please see: • Statutory demands for restructuring and insolvency professionals—overview • Practice Note: What is a statutory demand? Checklist and timeline Day Step Reference Day 1 Debt becomes due (ie a due date for payment of an invoice has passed) n/a Day 2 Contact the debtor (by
CHECKLISTS
The impact bankruptcy and divorce proceedings have on one another has been subject to several cases in both the bankruptcy and family courts. Unfortunately, it is not uncommon for bankruptcy proceedings to be in existence while divorce proceedings are ongoing and concurrent proceedings can create conflict when it comes to the division of assets. Whereas the family court will look to make an order on the assets (known as a property adjustment order) considering, among other things, the future needs of the parties and the children, the bankruptcy court will look to divide the assets, with the creditors' needs at the forefront of such a decision. This potential conflict needs to be carefully considered, and the timing of when the bankruptcy proceedings were commenced compared to when the property adjustment order was made will be the main consideration. This checklist and timeline sets out the impact each stage of bankruptcy proceedings can have on ancillary relief proceedings in a divorce.
CHECKLISTS
1. Settlor • obtain the following information in respect of the settlor (or each settlor if more than one): ◦ full name and title ◦ status ◦ date of birth ◦ address ◦ domicile ◦ nationality ◦ usual place of residence ◦ a list of assets and liabilities (for this purpose a separate list is helpful) 2. Name of the trust • ask the settlor what the trust is to be called 3. Beneficiaries • obtain the following information in respect of each beneficiary: ◦ full name ◦ address ◦ date of birth and age ◦ relationship to settlor ◦ domicile ◦ nationality ◦ usual place of residence
CHECKLISTS
This Checklist suggests a structured approach to take when preparing to make a summary judgment application. It is informed by the detailed information found in the following Practice Notes and is designed to be a supplement, rather than an alternative, to that guidance: • Summary judgment applications—what, who and when • Summary judgment—general principles • Summary judgment—making an application Determining whether summary judgment is the appropriate application to make Consideration Comment Is summary judgment available in this type of proceedings? Summary judgment is limited or excluded in certain proceedings—see Practice Note: Summary judgment applications—what, who and when. On what basis do you say the proposed respondent’s case lacks a real prospect of success? It is important to have this question at the forefront of your mind—if you are unable to articulate this point clearly then it suggests summary judgment may not
GLOSSARY
In public law children proceedings checklist documents are (under the Public Law Outline) documents that are already existing on the local authority's files from two categories: evidential and decision-making.
CHECKLISTS
The Checklist aims to set out the key steps for consideration for arbitrators throughout the life cycle of a proceeding from appointment and the first procedural order to rendering an award and discharging arbitrators’ duties. It provides guidance for arbitrators on the kind of terms to be expected in procedural orders dealing with matters of data security throughout the lifespan of an arbitration. In view of the evolving nature of the cybersecurity ecosystem, applicable laws, and regulations, please be mindful that this is a non-exhaustive list. Instead, the checklist works as a best practices guidance. Arbitration phase: pre-appointment of the Tribunal Steps Notes Legal Steps • Protect your online identity to be perceived as independent and impartial despite the challenges that can be created by your online presence. See: Checklist for Arbitrators on the Use of Social Media and the Duty of Impartiality—the cybersecurity approach to arbitration. Technical Steps • Take necessary cybersecurity measures in terms
CHECKLISTS
Independence and impartiality are cornerstone principles of international arbitration and are embodied in arbitration rules and laws worldwide. Legal professionals have increasingly been using social media platforms for professional networking purposes. However, the use of social media may raise concerns as to the independence and impartiality of the arbitrators. These concerns could arise due to, for example, ex parte communications, stolen identities, failure to comply with disclosure obligations and potential or apparent bias due to the activities on social media. The checklist is prepared for arbitrators to follow to protect their online identity and to avoid challenges resulting from their online presence. In view of the evolving nature of the cybersecurity ecosystem, applicable laws, and regulations, please be mindful that this is a non-exhaustive list. Instead, the checklist works as a best practice guide. Creating and Auditing Your Profile List Notes • While you may not necessarily be an active
CHECKLISTS
Income payments order The trustee in bankruptcy (trustee) will apply for an income payments order (IPO) under section 310 of the Insolvency Act 1986 (IA 1986) where they believe that the bankrupt has excess income after taking into consideration the bankrupt's reasonable domestic needs. See Practice Note: Income payments orders (IPOs) under section 310 of the Insolvency Act 1986. It is for the court to fix a venue for the hearing of the trustee’s application. The trustee must give the bankrupt at least 28 days’ notice of any application, together with a copy of the application and a statement as to the grounds on which the order is being sought. The bankrupt has up to five business days before the date of the hearing to consent to any order by notifying the court and the trustee. Alternatively, if the bankrupt attends the hearing, they can make any representations they wish as to why the order should not be made. Any such order made shall not allow the
CHECKLISTS
Reviews A review in insolvency proceedings is where the court revisits and reviews an order already made by it. The review process (in both corporate and personal insolvency) allows a decision to be reviewed either by the judge that made it (see Official Receiver v Bathurst) or by another judge (see Re W & A Glaser Ltd). Both the personal and corporate insolvency courts have the power to review, rescind or vary their own orders (section 375 of the Insolvency Act 1986 (IA 1986) and Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 12.59(1)). Reviews must not be seen as an alternative route to appeal a decision and the court will exercise its discretion to review an order carefully. For further information, see Practice Note: Reviews of insolvency orders. General The table below deals with reviews of any order, other than a winding-up or bankruptcy order, made by the insolvency court. Step/action Time Authority 1. Are the factors in place to justify an application to review or rescind
CHECKLISTS
This Checklist has been produced in partnership with Josephine Howe, partner and Grace Gao, counsel, of Ogier. Preliminary check Before making an application in the British Virgin Islands (BVI) for a grant of probate or letters of administration , the applicant should obtain at least the following information: • information relating to the deceased: ◦ name ◦ address ◦ domicile as at the date of death ◦ date and place of death ◦ if the deceased has passed away for more than three years, the reason for the delay in grant application ◦ marital status and family members ◦ whether the deceased left a Will; if so, whether the original Will is available; if not, the reason behind it ◦ whether any minority or life interests arise • assets: ◦ details of the BVI situs assets—if it is company shares, the company name, company number, number of shares held by the deceased and name of all company directors are needed
CHECKLISTS
This Checklist sets out guidance to consider when drafting and seeking approval of a company voluntary arrangement (CVA) where the Pension Protection Fund (PPF) are involved. It is based on a guidance note 5 issued by the PPF (see PPF Guidance Note 5: CVAs). When a company which is an employer (or all employers, in the case of a last man standing scheme) lodges a CVA proposal in court, a PPF assessment period will commence. The PPF will acquire the pension trustees’ voting right under section 137 of the Pensions Act 2004 (see Practice Note: The Pension Protection Fund—eligibility and entry). The PPF’s approach will depend on the purpose the CVA is trying to achieve. All decisions are made on the specific of each case. The PPF consult with The Pensions Regulator (TPR) on all cases which will assess them against their published Regulated Apportionment Arrangement principles, however TPR is not a direct counterparty in a CVA proposal unless clearance is requested. Note that PPF agreement to a CVA does not imply
CHECKLISTS
HMRC frequently ranks as a secondary preferential and/or unsecured creditor in a company’s formal insolvency (see Practice Note: Waterfall of payments—a comparative guide), which is often the relevant comparator/relevant alternative to a Part 26 scheme/Part 26A restructuring plan. On 1 November 2023, HMRC published guidance on compromises using Part 26 schemes (see: Schemes of arrangement—overview) and Part 26A restructuring plans (see: Restructuring plan—overview) (see: HMRC publishes guidance on using debt management schemes to restructure finances—LNB News 15/11/2023 13). Practitioners will need to take note of the guidance where the proposed scheme/plan involves HMRC as creditor. The guidance states that HMRC will only offer support to companies to restructure where HMRC believes there is a realistic chance of success. If HMRC does not believe there is a realistic chance of succeeding, they will work with the scheme/plan proponent to try and find other ways to repay the debt owed to HMRC. They warn that this could include going through a formal insolvency process. The debtor company