Insolvency litigation

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Appeals and reviews in insolvency proceedings Bankruptcy and the matrimonial home Claims against insolvent companies and individuals Claims by an insolvent estate or its insolvency office-holder Disclaimer Evidence and evidence gathering Funding of insolvency litigation and investigations International recognition and enforcement of judgments The court process in insolvency proceedings

Latest Restructuring & Insolvency News

Supreme Court confirms application of immovables rule to English property

Supreme Court confirms application of immovables rule to English property

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Supreme Court confirms application of immovables rule to English property

CTJ releases new Practice Note: Insolvency Case Allocation and Transfer Criteria

CTJ releases new Practice Note: Insolvency Case Allocation and Transfer Criteria
Insolvency Service publishes monthly insolvency statistics for October 2024

Insolvency Service publishes monthly insolvency statistics for October 2024
New sanctions guidance for Insolvency Practitioners and Letting Agents

New sanctions guidance for Insolvency Practitioners and Letting Agents

Featured Restructuring & Insolvency content

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...

Bonds and notes

Bonds and notes

Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...

Obtaining Official Copies from HM Land Registry

Obtaining Official Copies from HM Land Registry

Obtaining Official Copies from HM Land RegistryThis Practice Note provides guidance in obtaining official copies of the entries on the title of a...

Practice notes

Dissolution of a company following compulsory liquidation or creditors' voluntary liquidation

Dissolution of a company following compulsory liquidation or creditors' voluntary liquidationDissolution marks the end of a company’s life. It...
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Produced in partnership with Ian Defty of Begbies Traynor
2nd Mar
Practice notes

Bankruptcy searches

Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
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Produced in partnership with Stephen Allinson, Consultant
2nd Mar
Practice notes

Dissolution and bona vacantia—dealing with the Treasury Solicitor

Dissolution and bona vacantia—dealing with the Treasury SolicitorBona vacantia means ‘goods without an owner’ and is a relevant consideration where...
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Produced in partnership with Katrina Mather of Gatehouse Chambers
1st Mar
Practice notes

Cashflow and balance sheet tests for insolvency

Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers
1st Mar
Practice notes

Key elements of a standstill agreement

Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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2nd Mar
Q&As

What are COMI proceedings?

What are COMI proceedings?This Q&A considers the meaning of centre of main interests (COMI) proceedings, a new concept created by the Insolvency...
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1st Mar
Practice notes

Scotland: protected trust deeds

Scotland: protected trust deedsTrust deeds have, for many years, been utilised by debtors as a means of reaching a compromise with their creditors as...
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Produced in partnership with James Lloyd of Harper MacLeod LLP
1st Mar
tag iconScottish Law
Practice notes

What is considered onerous property or contracts?

What is considered onerous property or contracts?DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee...
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2nd Mar
Practice notes

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP
2nd Mar
Practice notes

Role, powers, functions and duties of an administrator

Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
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2nd Mar
Q&As

How do you convert inter-company debt into equity? What are the advantages and disadvantages for the company and its shareholders?

How do you convert inter-company debt into equity? What are the advantages and disadvantages for the company and its shareholders?This Q&A deals with...
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Produced in partnership with Carolyn Jones
2nd Mar
Practice notes

The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditors

The effect of a bankruptcy order on an individual voluntary arrangement (IVA), its assets, and the creditorsThe gap in the insolvency legislationIt is...
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Produced in partnership with Iain Pester of Wilberforce Chambers
2nd Mar
Practice notes

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...
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1st Mar
Practice notes

Schemes of arrangement—process and statutory framework

Schemes of arrangement—process and statutory frameworkSchemes of arrangement—definition and basis in statuteA scheme of arrangement is a...
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Produced in partnership with Jonathan Akinluyi of Latham & Watkins and Riccardo Alonzi at Burness Paull
2nd Mar
Practice notes

Role, powers, functions and duties of a trustee in bankruptcy

Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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2nd Mar
Practice notes

Can you wind-up a company when the debt is disputed?

Can you wind-up a company when the debt is disputed?It is a long-established principle that winding-up proceedings should not be commenced where the...
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Produced in partnership with Kate Rogers of Radcliffe Chambers
2nd Mar

Popular documents

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986

Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986A fraudulent trading claim arises under two separate statutory routes. Firstly, fraudulent trading is a criminal offence under section 993 of the Companies Act 2006 (CA 2006). Secondly, a civil remedy arises under

Limitation periods applicable to insolvency claims

Limitation periods applicable to insolvency claimsLimitation periods refer to the time during which a claim may be brought.The law on limitation periods is set out in the Limitation Act 1980 (LA 1980) which makes provisions in respect of different causes of action.In an insolvency context, claims

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986Section 423 of the Insolvency Act 1986 (IA 1986) allows for the avoidance of transactions which were designed to defraud creditors. Its provisions are intended to prevent debtors from disposing of assets so as to

Avoiding invalid floating charges under section 245 of the Insolvency Act 1986

Avoiding invalid floating charges under section 245 of the Insolvency Act 1986Conditions to avoid floating chargesUnder section 245 of the Insolvency Act 1986 (IA 1986), floating charges are invalid if certain conditions are satisfied.By way of summary, a floating charge will be avoided if:•the