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    Insolvency Rules 2016 - Re-use of company names
    2017-04-24

    Section 216 continues to apply to prohibit the re-use of a name or sufficiently similar name where oldco and newco have common directors.

    The relevant rules now dealing with the exceptions are contained in new rules 22.1 - 22.7.

    The three exceptions remain broadly the same but there are some key differences to note.

    Exceptions to the prohibition

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Insolvency Rules - Creditors' Bankruptcy Petition
    2017-04-03

    Creditors' Bankruptcy Petition

    The rules for these petitions are contained in 10.6 to 10.33. This section also covers IVA supervisors making a petition. The good news is that under the new Rules, there are very few changes to the current procedure.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    The new insolvency rules: what they mean for the insolvency profession
    2017-01-16

    This article was originally published on The Gazette, and the original article can be found online here.

    Substantive amendments to the existing insolvency rules come into force in April. Olivia Bridger, of Ashfords, explains the key changes.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Canadian insolvency proceedings of Pacific Exploration & Production Corporation recognised as main proceedings by Colombia and US Bankruptcy Court
    2016-09-28

    Pacific Exploration & Production Corporation ("the Company"), a Canadian public company who explore and produce natural gas and crude oil with operations focused in Latin America. In April 2016, the Company obtained an initial order from the Ontario Superior Court for protection under the Companies' Creditors Arrangement Act for the restructuring of the Company.

    Filed under:
    Canada, Colombia, USA, Insolvency & Restructuring, Litigation, Ashfords LLP, Public company, Letter of credit, Debtor, Natural gas, Stay of execution, Title 11 of the US Code, United States bankruptcy court, Ontario Superior Court of Justice
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    Canada, Colombia, USA
    Firm:
    Ashfords LLP
    In re Creative Finance Ltd. (In Liquidation), No. 14-10358, 2016 WL 156299 (Bankr. S.D.N.Y. Jan. 13, 2016)
    2016-03-30

    The US Bankruptcy Court for the Southern District of New York has dismissed a case filed under Chapter 15 of the US Bankruptcy Code as the debtor's centre of main interest ("COMI") was not in the jurisdiction where the initial Liquidation was filed.

    Creative Finance Ltd was incorporated in the British Virgin Islands in 1995. However the Company's main trade occurred in England, Dubai and Spain. In December 2013 the Company filed for Liquidation in the BVI, being its place of incorporation, and a Liquidator was duly appointed.

    Filed under:
    British Virgin Islands, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Liquidation, United States bankruptcy court
    Authors:
    Emma Clayton
    Location:
    British Virgin Islands, USA
    Firm:
    Ashfords LLP
    UK Government proposes radial changes to domestic insolvency law which would introduce a moratorium for solvent companies
    2018-10-05

    On 26 August the UK Government announced its intention to introduce radical reforms to insolvency law in the catchily named consultation paper "Insolvency and Corporate Governance – Government Response". Despite the 82 pages, the government kept their cards relatively close to their chest choosing not to reveal their big plans but with suggestions about the reforms ahead to "enable more companies not only to survive, but to thrive".

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP, Corporate governance
    Authors:
    Alan Bennett , David Pomeroy
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Gloucester Road are surviving high street crisis
    2018-06-05

    David Pomeroy, partner and head of the restructuring and insolvency team at Bristol law firm Ashfords, shares his thoughts on how the city's high streets will need to evolve in order to survive

    Every week we see a report of another major high street retailer on the brink. Mothercare is the latest to announce restructure plans and RBS has announced the closure of many of its high street branches, including Clifton.

    They follow hot on the heels of brand names such as Jamie’s Italian, Maplin, Toys R Us, Byron, Prezzo and New Look closing or scaling back.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    David Pomeroy
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Sberbank of Russia v Ramljak [2018] EHC 348 (Ch)
    2018-04-03

    The High Court held that "final determination" signifies the very last stage of any proceedings, without the chance to appeal. Sberbank were therefore still bound by their undertaking to take no further steps in an arbitration against the Company.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ashfords LLP
    Authors:
    Mathilda Traill
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Review of the pre-pack industry measures
    2018-02-02

    The Insolvency Service has announced that the UK government is planning to conduct an assessment of the impact of the voluntary industry measures introduced in November 2015 to improve the transparency of connected party pre-pack sales in Administration.

    The 2014 Graham Review found that pre-pack sales were a useful business rescue tool but noted that there was evidence of less successful outcomes where the pre-pack sale was to a connected party.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    David Pomeroy , Alan Bennett , Olivia Bridger , Kyla Payne
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re Christos Pandelis Lemos, Leeds and Hellard as joint trustees in bankruptcy of the estate of Christos Pandelis Lemos v Lemos & ors [2017] EWHC 1825 (Ch)
    2017-11-13

    The Facts

    This case is the first to really consider the practical impact of the recent Court of Appeal decision in Shlosberg v Avonwick [2016] EWCA Civ 1138, in which it was decided that legal professional privilege does not vest in a Trustee in Bankruptcy.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Private Client & Offshore Services, Ashfords LLP, Bankruptcy, Legal professional privilege, Court of Appeal of England & Wales, High Court of Justice, Trustee
    Authors:
    Connor Pierce
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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