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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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This week's edition of Restructuring & Insolvency weekly highlights includes: the launch by the Insolvency Service of a consultation on corporate...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Misfeasance claims against administrators under...
The Insolvency Service has launched a consultation on corporate civil enforcement reforms, inviting views on 11 proposals aimed at modernising the...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Duty to co-operate with office-holder under...
Restructuring & Insolvency analysis: The High Court granted an application for pre-action disclosure against Kroll Trustee Services Ltd (Kroll), which...
The Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE) have been in force since 6 April 2006. TUPE implements...
What does this Practice Note cover?This Practice Note provides an overview of liability management techniques for bonds (including bond buybacks,...
This Practice Note considers paragraph 75 of Schedule B1 to the Insolvency Act 1986 (IA 1986) which allows the conduct of an administrator of a...
What is wrongful trading?A wrongful trading claim applies to a person if:•the company has gone into insolvent liquidation or insolvent...
Updated for the UK by the Practical Guidance Team.A debtor-in-possession (DIP) must operate the business, serve as a fiduciary or trustee for the...
Note: This Precedent should be used in conjunction with an application notice template that complies with the Insolvency (England and Wales) Rules...
CASE NO: [insert case number][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESINSOLVENCY AND COMPANIES LIST (ChD)ORIN THE...
Applicant(s): [insert initials and surname]: [insert number of witness statement eg 1st] Exhibit: [insert exhibit description]: Date: [insert date of...
[insert name, address and contact details/reference of author][insert date]To: [insert the name of the person or company to whom the letter is...
[Investment Bank name](in Special Administration)Special Administrators’ Proposals for achieving the purpose of the Special AdministrationNotice:...
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...
An alternative to bankruptcy whereby a debtor enters into a binding arrangement with his creditors to compromise his debts.
The process by which documentation is sent to interested parties
Defined in CA 2006, s 251 as a person in accordance with whose directions or instructions the directors of the company are accustomed to act, although that person has not been appointed as a director of the company.