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    Personal liability for directors – no escape from the taxman
    2011-10-07

    Company Insolvencies

    One of the criticisms that is often made of the UK’s complex insolvency legislation is that it is too easy for the directors of a company to put it into liquidation or administration, ‘dump’ the company’s debts and then effectively start the same business again under the guise of a new company. Such phoenixism has often been of concern to HMRC both in the civil and criminal fields and prosecutions have been made against directors who have undertaken such activities on a repeated basis.

    Personal Liability Notices (‘PLNs’)

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, RPC, Regulatory compliance, Fraud, Board of directors, National Insurance, Debt, Liability (financial accounting), Economy, Liquidation, HM Revenue and Customs (UK), Social Security Administration
    Authors:
    Jonathan Levy
    Location:
    United Kingdom
    Firm:
    RPC
    Employee status
    2009-05-14

    When can shareholders also have employee status?

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Share (finance), Shareholder, Employment contract, National Insurance, Liquidation, Unfair dismissal, Employment Rights Act 1996 (UK), Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    HMRC launches consultation on new “secondary preferential” status
    2019-03-05

    An old friend

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Brodies LLP, National Insurance, HM Revenue and Customs (UK), Finance Acts (UK), Enterprise Act 2002 (UK)
    Authors:
    Amy McVey
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Employee rights after liquidation: FT Q&A
    2011-08-27

    I am a director and employee of a small media company which has now been put into liquidation by the chief executive due to mounting debts.  The company is due to close any time soon, which means I will then be unemployed.  What rights, if any, do I have as an employee and is there any scope for compensation.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Faegre Baker Daniels LLP, Wage, Unsecured debt, Employment tribunal, National Insurance, Debt, Liability (financial accounting), Liquidation, Unfair dismissal, Liquidator (law), Chief executive officer
    Authors:
    Victoria Pengelly
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    Creditor revives $110 million claim against a released guarantor
    2008-01-24

    Creditors often compromise disputed claims against debtors and their guarantors. In connection with the settlement of claims against a debtor and its guarantor, the creditor may give the debtor and the guarantor written releases from further liability in exchange for a settlement payment. But what if the creditor later surrenders a portion of the payment in settlement of a preference recovery action? Can the creditor revive the guarantee notwithstanding the release?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Surety, Debtor, National Insurance, Consideration, Liability (financial accounting), Remand (court procedure), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    White & Case
    Creditor’s pre-petition release of debtor - guarantor voided by Bankruptcy Appellate Panel
    2008-03-27

    In In re SNTL Corp.,1 the United States Bankruptcy Appellate Panel of the Ninth Circuit recently decided that if a creditor is required in another proceeding to disgorge as a preference a payment that had been guaranteed by the debtor, the debtor’s liability as guarantor may be revived, provided that the agreement releasing the debtor from its guarantee obligation to the creditor explicitly permits such revival.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Surety, Debtor, Unsecured debt, National Insurance, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Regulatory exclusion bars coverage for lawsuit brought by the Director of Insurance
    2009-04-14

    In Wagner v. United National Insurance Co. et al. (click here to read the decision), the Supreme Court of Nebraska affirmed a district ruling that a regulatory exclusion in a D&O policy excluded coverage for the underlying action brought by the Director of Insurance of the State of Nebraska in his capacity as the bankruptcy liquidator of the insured, an insolvent insurance company.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Bankruptcy, Board of directors, National Insurance, Liquidation, Liquidator (law), Insurance commissioner, Supreme Court of the United States
    Location:
    USA
    Firm:
    Locke Lord LLP
    Personal liability for directors – no escape from the taxman
    2011-10-07

    Company Insolvencies

    One of the criticisms that is often made of the UK’s complex insolvency legislation is that it is too easy for the directors of a company to put it into liquidation or administration, ‘dump’ the company’s debts and then effectively start the same business again under the guise of a new company. Such phoenixism has often been of concern to HMRC both in the civil and criminal fields and prosecutions have been made against directors who have undertaken such activities on a repeated basis.

    Personal Liability Notices (‘PLNs’)

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, RPC, Regulatory compliance, Fraud, Board of directors, National Insurance, Debt, Liability (financial accounting), Economy, Liquidation, HM Revenue and Customs (UK), Social Security Administration
    Location:
    United Kingdom
    Firm:
    RPC
    Creditor revives $110 million claim against a released guarantor
    2008-01-24

    Creditors often compromise disputed claims against debtors and their guarantors. In connection with the settlement of claims against a debtor and its guarantor, the creditor may give the debtor and the guarantor written releases from further liability in exchange for a settlement payment. But what if the creditor later surrenders a portion of the payment in settlement of a preference recovery action? Can the creditor revive the guarantee notwithstanding the release?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Surety, Debtor, National Insurance, Consideration, Liability (financial accounting), Remand (court procedure), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    White & Case LLP
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