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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

Office-holder indemnities and security

Office-holder indemnities and securityWhy indemnities and security are requiredWhen an insolvency practitioner takes office they have a duty of care to creditors to act bona fide in their best interests.Depending on the circumstances of the case, an office-holder may find themselves trading a

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

Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note is drafted on the basis that an insolvency practitioner (IP) has been appointed as trustee in bankruptcy (trustee). It does not consider the official receiver's (OR) position when acting as trustee.The role and functions

A company previously dissolved after voluntary liquidation has be restored by court order. What steps

A company previously dissolved after voluntary liquidation has be restored by court order. What steps should the liquidator take upon re-appointment? Would they need to invite creditors to claim, produce back dated annual reports for the period of dissolution, or seek a new indemnity from the

What are the grounds and procedure for removing a trustee in bankruptcy (trustee) from office? And if a

What are the grounds and procedure for removing a trustee in bankruptcy (trustee) from office? And if a trustee is removed from office, where do their fees and expenses stand in the order of priority?Removal of a trusteeThe trustee of a bankrupt's estate may be removed from office by an order of the