This article examines the recent decision in Maher & Anor v Investalet Ltd & Anor.
Section 234 Insolvency Act 1986 provides:
“(2) Where any person has in his possession or control any property, books, papers or records to which the company appears to be entitled, the court may require that person forthwith (or within such period as the court may direct) to pay, deliver, convey, surrender or transfer the property, books, papers or records to the office-holder.”
Assignments for benefit of creditors (“ABCs”) and receiverships have been utilized effectively for centuries under the common law, side-by-side as separate and distinct and complementary remedies for liquidating assets.
Differences
Differences between the two are that:
When state legislatures consider a legislative bill, it’s important that they hear from stakeholders who would be affected by that bill.
Important ABC Stakeholders
When faced with a legislative bill on assignment for benefit of creditors (“ABC”), its important that legislatures hear from a variety of stakeholders, including this important group:
Recently, the U.S. Supreme Court denied certiorari in two cases involving bankruptcy questions:
Under the Act to amend theMining Act and other provisions1 (the “Act”), assented to on November 29, 2024, certain amendments were made to the Mining Act.2
In this bulletin, we will focus on the rules that have been in effect as of the Act’s date of assent concerning the assignment of a mining lease or a mining concession, and those that have been in effect since November 29, 2025, concerning the transfer of an exclusive exploration right (“EER”), formerly known as a claim.
Here’s a curious thing:
- an advisory opinion from a U.S. Circuit Court of Appeals on an issue for which there is no controversy and that is mostly academic.
That’s exactly what we have in In re Whittaker Clark & Daniels, Inc., Case Nos. 24-2210 & 24-2211 (3rd Cir., decided September 10, 2025)(see first concurring opinion).##
No Controversy
The Renters' Rights Act 2025 (the Act) will overhaul the private rented sector in England and Wales.
Key changes include:
- All tenancies being periodic assured tenancies;
- Changes to the way landlords can obtain possession;
- The application of a Decent Homes Standard to the private rented sector; and
- The creation of a digital private rented sector database.
The Act received Royal Assent on 27 October 2025 and the Government has published a roadmap for phased implementation, with the key reforms commencing on 1 May 2026.
From 18 November 2025, the UK’s new Companies House identity verification (IDV) framework took effect, representing one of the most substantial reforms to corporate administration in recent years. The reforms, introduced under the Economic Crime and Corporate Transparency Act 2023, aim to enhance corporate transparency and prevent misuse of UK entities.