South Square Chambers

Experts

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Jamil Mustafa
Barrister
South Square Chambers
Joseph Curl
Barrister
South Square Chambers
Marcus Haywood
Barrister
South Square Chambers
Paul Fradley
Barrister
South Square Chambers
Robert Amey
South Square Chambers
Roseanna Darcy
Barrister
South Square Chambers
William Willson
South Square Chambers
Contributions by South Square Chambers

5

Income payments orders (IPOs) under section 310 of the Insolvency Act 1986
Income payments orders (IPOs) under section 310 of the Insolvency Act 1986
Practice Notes

This Practice Note, produced in partnership with South Square and BDO LLP, looks at income payments orders (IPOs) made under section 310 of the Insolvency Act 1986 that allow trustees in bankruptcy to claim a bankrupt’s surplus income for the benefit of the bankruptcy estate. It summarises who can apply for an IPO, when application can be made, and how much a trustee in bankruptcy can claim as part of an IPO.

Interim receivers
Interim receivers
Practice Notes

This Practice Note, produced in partnership with South Square Chambers and BDO LLP, looks at interim receivers in personal insolvency appointed under section 286 of the Insolvency Act 1986 in the period between the presentation of a bankruptcy petition and the making of a bankruptcy order.

The difference between the anti-deprivation principle and the pari passu principle
The difference between the anti-deprivation principle and the pari passu principle
Practice Notes

This Practice Note, produced in partnership with South Square Chambers and updated by Jessica Powers of New Square Chambers, discusses the difference between the anti-deprivation principle (which prevents parties from contracting out of the statutory regime for the collection, realisation and distribution of an insolvent estate) and the pari passu principle (which seeks to ensure the pro rata distribution of an insolvent estate among creditors).

Timing and size of distributions
Timing and size of distributions
Practice Notes

This Practice Note, produced in partnership with South Square Chambers and BDO LLP, considers the timing and size of distributions in insolvency. It discusses when an office-holder will declare and distribute dividends and the procedures to be followed by an office-holder who intends to do so, including notice and advertisement requirements, proofs of debt and the payment of dividends.

Waterfall of payments in administrative receivership
Waterfall of payments in administrative receivership
Practice Notes

This Practice Note, produced in partnership with South Square Chambers, looks at the order of payments in administrative receivership. It considers the order of distribution from the realisation of free assets (those not subject to a floating charge) and floating charge realisations..

Contributions by South Square Chambers Experts

9

Administration expenses
Administration expenses
Practice Notes

This Practice Note, produced in partnership with Jamil Mustafa of South Square Chambers, considers what amounts to an expense in an administration and some of the key case law on this topic.

Creditors' consideration of company voluntary arrangement (CVA) proposals
Creditors' consideration of company voluntary arrangement (CVA) proposals
Practice Notes

This Practice Note, produced in partnership with William Willson of South Square Chambers and updated by Nora Wannagat of Tanfield Chambers, looks at decision-making in relation to company voluntary arrangement proposals. It discusses the decision procedure for creditors (including the particularities for contingent and secured creditors), voting rights, majorities, challenges and appeals.

Creditors' decision-making in a liquidation
Creditors' decision-making in a liquidation
Practice Notes

This Practice Note, produced in partnership with Marcus Haywood of South Square Chambers, considers the procedure and practicalities of creditor decision-making in a liquidation. It discusses the liquidation committee, the modes of decision-making and physical meetings of creditors.

Creditors' decision-making in an IVA
Creditors' decision-making in an IVA
Practice Notes

This Practice Note, produced in partnership with Marcus Haywood of South Square Chambers, discusses the formalities and practicalities of creditor decision-making in an individual voluntary arrangement.

Creditors’ decision procedure in administrative receiverships
Creditors’ decision procedure in administrative receiverships
Practice Notes

This Practice Note, produced in partnership with Marcus Haywood of South Square Chambers, considers the procedure and practicalities of creditor decision-making in administrative receivership. It discusses the relationship between the administrative receiver and creditors, the establishment of a creditors’ committee, meetings of the creditors’ committee, the decision procedures, voting in a decision procedure, the procedure for admitting a creditor’s claim for voting, requisite majorities and records.

Future debts, contingent debts, secured debts
Future debts, contingent debts, secured debts
Practice Notes

This Practice Note, produced in partnership with Paul Fradley of South Square, considers debt in an insolvency process. It discusses provable debts, future debts, contingent debts and secured debts.

Income payments agreements (IPAs) under section 310A of the Insolvency Act 1986
Income payments agreements (IPAs) under section 310A of the Insolvency Act 1986
Practice Notes

This Practice Note, produced in partnership with William Willson of South Square Chambers and amended in light of the Insolvency (England and Wales) Rules 2016 by Lydia Pemberton of St. Philips Chambers, looks at income payment agreements (IPAs) made under section 310A of the Insolvency Act 1986 that allow trustees in bankruptcy to claim—for a limited time and with the agreement of the bankrupt—the bankrupt’s surplus income for the benefit of the bankruptcy estate.

What counts as an expense?
What counts as an expense?
Practice Notes

This Practice Note, produced in partnership with William Willson of South Square Chambers, and updated by Samuel Laughton of Ten Old Square, discusses what counts as an expense in insolvency. It looks at what expenses are and how they apply in liquidation, administration and bankruptcy.

When a company owes money under a contract but the creditor company goes into liquidation, is that
When a company owes money under a contract but the creditor company goes into liquidation, is that
Q&A

This Q&A considers the situation where a party (A) owes money to another party (B), and B enters an insolvency process.

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