Howard Morris and Sonya Van de Graaff, Morrison & Foerster LLP and Avonhurst
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Scope of the chapter
Monika Lorenzo-Perez and Sabina Khan, Brown Rudnick
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Status and relationship of an ad hoc committee with indenture trustees
The question of whether or not a trustee in bankruptcy can sell a family home to help recover the debts of an individual varies on a case-by-case basis. The law in Scotland provides protection to a debtor's immediate family, but permission can still be granted to sell the property – if five factors are considered first.
Tony Heaver-Wren and David Bulley, Appleby
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Introduction
Nick Angel, Nicole Stephansen and Kate Colman, Milbank LLP
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Introduction
David Wallace and Hugo Bowkett, Latham & Watkins LLP
This is an extract from the second edition of GRR's The Art of the Ad Hoc. The whole publication is available here.
Introduction
JMW Solicitors have recently obtained an Order made pursuant to Section 234 of the Insolvency Act 1986 (the “Act”), which includes a term that allows the office-holder to recover possession of a residential property, without the need for separate possession proceedings being issued pursuant to Part 55 of the Civil Procedure Rules (“CPR”), which sets out the usual Court procedure for obtaining an order for possession of land.
Company directors have a number of duties imposed on them under the Companies Act 2006 as well as under common and other laws. Failure to carry out directors’ duties can result in substantial penalties, including personal liability for any losses suffered by the company, its shareholders and its creditors.
With the news that the Arcadia Group has entered administration, suppliers of goods and services are left with a number of questions: what happens next, and can they still get paid? The answers to such issues have recently been drastically altered by the Corporate Insolvency and Governance Act (CIGA) 2020. Its impact is discussed in the eight key points considered below.
What would happen in ‘normal’ circumstances? A manageable problem
A floating charge will usually set out the rights exercisable by the floating charge holder after the point at which that floating charge has become "enforceable". The floating charge might also contain language clarifying when the charge is deemed to be enforceable - typically after the occurrence of an event of default set out in the underlying facility agreement which is secured by that charge