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    Creditors' interests come first
    2010-06-24

    In Pick v Sumpter and another, the first defendant's trustee in bankruptcy applied for an order for possession of the defendants' matrimonial home. At the hearing in May 2006, the evidence showed that the sum outstanding as at November 2005 was £25,571 but did not take into account legal costs. That sum was an estimate and did not take into account statutory interest on the bankrupt's debts beyond the date of the hearing, solicitor's costs of the possession hearing or any increase or decrease in the trustee's remuneration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Costs in English law, Unsecured debt, Interest, Debt, Trustee
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Review of bankruptcy order requires material change
    2010-06-24

    The court will not review a bankruptcy order where there has been no material change and evidence subsequently adduced could have been available at the original hearing.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Shareholder, Debtor, Debt
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Global enterprise signals global financial support direction
    2010-07-09

    Why has the Financial Support Direction (FSD) been issued?

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Gowling WLG, Share (finance), Legal personality, Unsecured debt, Interest, Market liquidity, Debt, Transfer pricing, Holding company, Subsidiary, Bénéfice
    Authors:
    Peter Shave , Bridget Murphy
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Clear reasoning required for court's decision
    2010-05-19

    Justice has to be seen to be done. Without clear reasons from the court as to the decision it reached, a party is entitled to have reheard issues it raised on an earlier application but which there is no evidence the court considered.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Costs in English law
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Voluntary v compulsory liquidation
    2010-01-20

    An agreement with a company has gone into arrears. The vehicles may or may not have been sold. The company has placed itself into voluntary liquidation. Can the finance company take steps to protect itself if it suspects that there has been mismanagement or misappropriation of funds within the company? Yes. Where "prejudice" will be suffered by a creditor, the court can order a compulsory liquidation, where the activities of the company will be more vigorously examined than might otherwise be the case with a voluntary liquidation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Shareholder, Breach of contract, Fraud, Fiduciary, Consideration, Liquidation, Good faith, Liquidator (law), Prejudice, Misappropriation
    Authors:
    Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Creditor can refuse security in favour of bankruptcy
    2010-01-20

    S271 Insolvency Act 1986 provides that a bankruptcy petition may be dismissed if the court is satisfied that a debtor can pay his debt, or has made an offer to secure or compound the debt, the acceptance of which offer would lead to the petition being dismissed and that the offer has been unreasonably refused. But what is a reasonable refusal?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Gowling WLG, Bankruptcy, Debtor, Debt, HM Revenue and Customs (UK), Insolvency Act 1986 (UK)
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Is rent payable as an expense of administration?
    2010-01-22

    Nortel Networks UK Limited (the company) was a tenant under two leases. The company went into administration. The administrators occupied a small proportion of each of the premises to enable them to carry out the administration. Under the terms of both leases rent was payable quarterly in advance.

    The landlord applied to the court for an order directing the administrators to pay the rent as an expense of the administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Landlord, Leasehold estate, Ex parte, Liquidation, Asset forfeiture, Liquidator (law), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Can trustees have an eye to the lifeboat?
    2009-11-12

    Independent Trustee Services Ltd (the trustee) was the sole trustee of the Ilford Pension Scheme (the Scheme), which was underfunded when the sponsoring employer went into administration in 2004. There was a proposal that the trustee should buy out certain benefits for members of the Scheme, for whom no Pension Protection Fund (PPF) compensation would be available, before the Scheme entered an assessment period.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Gowling WLG, Debt, Sponsor (commercial), Pension Protection Fund, Trustee
    Authors:
    Peter Shave
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Proposed bankruptcy reforms
    2009-11-24

    The Insolvency Service (IS) has published a consultation paper on reforming debtor petition bankruptcy and early discharge from bankruptcy. The proposed reforms, which are aimed at speeding up the procedure and lowering costs, are to:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Gowling WLG, Bankruptcy, Costs in English law, Debtor, Public consultations, Bankruptcy discharge
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Voluntary v compulsory liquidation
    2009-11-24

    Where "prejudice" is suffered by a creditor or contributory, the court can order a compulsory liquidation despite a voluntary liquidation having already been entered into.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Shareholder, Board of directors, Consideration, Liquidation, Liquidator (law), Prejudice
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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