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    Insolvency Rules 2016 - Remuneration of Officeholders
    2017-04-19

    Rules 18.15 to 18.38 of the Insolvency Rules 2016 deals with remuneration principles, fixing of remuneration, challenges by creditors and applications to Court by officeholders in relation to their remuneration placing all the rules surrounding remuneration in one place as opposed to dotted around the various procedures in the old rules.

    Principles

    Rule 18.16 sets out the general principles as to how administrators, liquidators and trustees can be remunerated and is largely unchanged from the old rules.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Vincent Aziz Tchenguiz & Ors v. (1) Kaupthing Bank HF (2) Johannes Runar Johannsson [2017] EWCA Civ 83
    2017-03-29

    The English Court of Appeal dismissed an appeal that a claim could be pursued in the English courts whilst the defendant was also subject to winding-up proceedings under Icelandic insolvency law.

    This case concerns a Court of Appeal hearing following the collapse of the large Icelandic bank, Kaupthing Bank HF ("Kaupthing"), in 2008. Kaupthing was subject to a moratorium order made by the Icelandic courts in 2008 and a winding-up order in November 2010.

    Filed under:
    Iceland, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, Court of Appeal of England & Wales
    Authors:
    Alan Bennett
    Location:
    Iceland, United Kingdom
    Firm:
    Ashfords LLP
    ECJ decides that rights in rem should be interpreted in accordance with German law, despite insolvency proceedings having been opened in France
    2016-12-20

    In the recent case of SCI Senior Home (in Administration) v Gemeinde Wedemark, Hannoversche Volksbank eG, the Court of Justice of the European Union handed down judgment on the question of whether a right in rem created under national law should be considered a "right in rem" for the purposes of Article 5 of the Council Regulation (EC) 1346/2000 on insolvency proceedings (the "Insolvency Regulation").

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Court of Justice of the European Union
    Authors:
    Rachel Maddocks , Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re 19 Entertainment Ltd [2016] EWHC 1545 (Ch)
    2016-07-27

    The English Court granted recognition of Chapter 11 proceedings in relation to a company that was incorporated in the UK but had its centre of main interests ("COMI") in the United States, confirming that the Directors were foreign representatives for the purpose of the Cross Border Insolvency Regulations 2006 ("the Regulations").

    Filed under:
    Global, United Kingdom, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Bankruptcy, Debtor, Board of directors, Moratorium (law), UNCITRAL, High Court of Justice, Trustee
    Authors:
    Alan Bennett , Emma Clayton
    Location:
    Global, United Kingdom, USA
    Firm:
    Ashfords LLP
    Advice for dealing with a New Year debt hangover
    2016-01-20

    Alan Bennett, South West chair of insolvency trade body R3 and Partner at Ashfords LLP, advises people on how to identify, assess and tackle money issues which may have arisen over the Christmas period, so they can avoid a debt hangover in 2016.

    Recent research by R3 found that 31% of people in the South West are worried about their current level of debt. Credit card repayments are the main cause of concern for those with debt worries, followed by an overdraft and mortgage repayments.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP, Debt
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Cross Border Insolvency Update - February 2019
    2019-02-15

    Control to Serbian Creditors- the amendments to the Serbian Insolvency Act

    The recent amendments to the Serbian Insolvency Act enacted 9 December 2018 have placed more control into creditors’ hands allowing them to suggest the insolvency administrator to be appointed, as well as providing less restrictive provisions on the proposers of reorganisation proposals.

    Filed under:
    Canada, Serbia, Switzerland, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett , David Pomeroy
    Location:
    Canada, Serbia, Switzerland
    Firm:
    Ashfords LLP
    Harriet Lock -v- Aylesbury Vale District Council [2018] EWHC 2015 (Ch)
    2018-09-28

    The Facts

    Following a statutory demand for unpaid council tax in the sum of £8,067, a bankruptcy petition was presented against Ms Harriet Lock. The council provided Ms Lock with evidence of the council tax liability orders confirming the debt. Ms Lock provided evidence in response, which explained that she was living in social housing and was financially dependent on her daughter. At a first hearing, the court adjourned and ordered that Ms Lock provide a skeleton argument to explain why a bankruptcy order should not be made.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Insolvency Act 1986 (UK), High Court of Justice
    Authors:
    Cathryn Butler
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Weinstein Company files for Bankruptcy
    2018-05-14

    The New York movie studio co-founded by film producer Harvey Weinstein has filed for Chapter 11 bankruptcy. The bankruptcy was intended to facilitate a buy-out offer from Lantern Capital, a private equity firm, to purchase the assets of the company, including the rights to the show "Project Runway", as well as "Django Unchained" and approximately 275 other films. Lantern Capital had offered $225 million which it believed was the studio's debts. However the sale collapsed when Lantern Capital discovered the studio had an additional $55 million - $65 million in debt.

    Filed under:
    USA, Insolvency & Restructuring, Ashfords LLP
    Location:
    USA
    Firm:
    Ashfords LLP
    Restructuring options for retail businesses - update
    2018-03-20

    In our recent article on restructuring options for retail businesses, we outlined how a number of companies in that sector had implemented or were considering Company Voluntary Arrangements (CVAs).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP, Retail
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Stevensdrake Limited (trading as Stevensdrake Solicitors) -v- Hunt [2017] EWCA Civ 1173 CA
    2018-01-23

    The Facts

    Stevensdrake Limited, a law firm, made a claim against a Liquidator for fees owing under a Conditional Fee Agreement (CFA) made between the two on 10 April 2008. The parties had worked together on various insolvency matters for many years.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Ashfords LLP, Court of Appeal (England and Wales)
    Authors:
    Cathryn Kozlowski
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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