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    Lenders’ ability to participate in the prescribed part
    2012-12-06

    The recent case of Re J T Frith Ltd [2012] EWHC 196 (Ch) shows:

    • how secured lenders may surrender their security in order to participate in the prescribed part available for unsecured creditors on insolvency; and
    • how intercreditor deeds may be worded to allow senior secured creditors to participate in the prescribed part, despite retaining their security.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Davenport Lyons, Debt, Secured creditor, Unsecured creditor, Debenture, Insolvency Act 1986 (UK)
    Authors:
    Robin Henry
    Location:
    United Kingdom
    Firm:
    Davenport Lyons
    Unwrapping English pre-packaged administrations: a guide to “pre-packs” in England
    2011-05-23

    Introduction

    Filed under:
    United Kingdom, Insolvency & Restructuring, Chadbourne & Parke LLP, Shareholder, Debtor, Unsecured debt, Marketing, Debt, Liability (financial accounting), Secured creditor, Liquidator (law), Valuation (finance), Insolvency Act 1986 (UK)
    Authors:
    Alastair Goldrein
    Location:
    United Kingdom
    Firm:
    Chadbourne & Parke LLP
    Reporters not required in all liquidations
    2011-01-26

    In a decision that demonstrates a considerable degree of common sense, Lord Glennie has confirmed that in certain liquidations one can dispense with the usual requirement for a Reporter to be appointed to consider a liquidator's accounts. The decision forms part of an Opinion issued by Lord Glennie in relation to the winding-up of Park Gardens Investments Limited ("the Company").

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, MacRoberts LLP, Bankruptcy, Unsecured debt, Audit, Interest, Liquidation, Secured creditor, Liquidator (law)
    Authors:
    Alan Meek , John Reid
    Location:
    United Kingdom
    Firm:
    MacRoberts LLP
    Circumstances in which the court may approve fees without the requirement for the appointment of a court reporter
    2010-11-02

    Introduction

    Against the backdrop of the recent sheriff court decisions regarding the need to appoint a Court Reporter even in cases where the assets are insufficient to meet the IPs' fees, the Court of Session has taken an innovative approach to approving IP fees without the need to appoint a court reporter.

    Background

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Costs in English law, Security (finance), Interest, Accounting, Liquidation, Court costs, Secured creditor, Liquidator (law), Court of Session
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Forcing an administrator to act: a lease renewal success for tenants
    2009-12-14

    The statutory moratorium may not protect a company in administration against proceedings continuing under the Landlord and Tenant Act 1954

    Property professionals will no doubt be familiar with the statutory moratorium that comes into effect immediately upon an administration order being made in respect of a company. The main effect of this is that no legal process may be started or continued against the company or property of the company except with the consent of the administrator or with the permission of the court.

    The background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Cobbetts LLP, Landlord, Leasehold estate, Debt, Consent, Moratorium, Secured creditor, Landlord and Tenant Act 1985 (UK), Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Cobbetts LLP
    Contested lease renewal continues despite landlord's administration
    2009-11-19

    We have spent a lot of time thinking about landlords being affected by tenants going into administration over the last year. This posting is about a court case where the landlord’s administrators were trying to postpone the tenant’s application to Court for the grant of a new tenancy under the 1954 Act.

    The administrators failed in their attempts to defer the 1954 Act proceedings even though it severely affected the value of the property in question and the amount that was going to be paid out to the secured creditor.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Unsecured debt, Landlord, Leasehold estate, Interest, Consent, Moratorium, Secured creditor, Prejudice
    Authors:
    Siobhan Hayes , Clare Whitaker
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Contested lease renewal continues despite landlord's administration
    2009-10-19

    We have spent a lot of time thinking about landlords being affected by tenants going into administration over the last year. This posting is about a court case where the landlord’s administrators were trying to postpone the tenant’s application to Court for the grant of a new tenancy under the 1954 Act.

    The administrators failed in their attempts to defer the 1954 Act proceedings even though it severely affected the value of the property in question and the amount that was going to be paid out to the secured creditor.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Unsecured debt, Landlord, Leasehold estate, Interest, Moratorium, Secured creditor, Prejudice
    Authors:
    Siobhan Hayes , Clare Whitaker
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Tax issues on insolvency
    2009-03-31

    Introduction

    In the current economic crisis, an increasing number of companies are facing financial difficulties and potential insolvency. Unsurprisingly, at such times, tax issues can often be overlooked. This can lead to potential tax risks, lost opportunities and a failure to maximise assets. Correct planning can make a significant difference to the potential tax liabilities and maximisation of tax assets of a company or a group that is facing insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Bird & Bird LLP, Shareholder, Debtor, Debt, Liability (financial accounting), Liquidation, Holding company, Moratorium, Beneficial ownership, Secured creditor, Liquidator (law), Subsidiary
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    Winding-up your corporate debtor
    2009-02-18

    The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else. This is particularly so where the debtor is prevaricating but there is no genuine dispute that the sum in question is due and owing. Although the courts decry the use of the winding-up procedure as a means of debt collection, it is often a very effective tool.

    Consider the following when faced with a corporate debtor who is refusing, without genuine reason, to settle its debts:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Gowling WLG, Costs in English law, Debtor, Injunction, Advertising, Debt, Liability (financial accounting), Liquidation, Balance sheet, Debt collection, Secured creditor, Liquidator (law), Insolvency Act 1986 (UK)
    Authors:
    Clark Sargent
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    High Court sets aside a deed of release that had been executed by mistake
    2008-10-15

    In the case of Andrew Fender v National Westminster Bank PLC Judge Purle QC set aside a deed of release that had been executed in the mistaken belief that the company was no longer indebted to the bank.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Debt, Deed, Secured creditor, Capital punishment, Unsecured creditor, Volunteering, NatWest, Trustee, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer

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