Facts

C’s appeal of his bankruptcy order failed. He then argued that pursuant to r 12.2(1) of the Insolvency Rules 1986 (‘IR 12.2’) as a matter of law the costs of the unsuccessful appeal should be treated as an expense of the bankruptcy estate; alternatively they were aprovable debt in the bankruptcy. D (the PC) contended that IR 7.51A gave the court an unfettered discretion as to the form of order and sought costs against C personally as a post-bankruptcy liability.

The English courts have been careful to control the circumstances in which a constructive trust will be declared.

Introduction

A director who breaches the obligations and duties imposed on him by his office may be liable to compensate the company for breach of duty, may incur personal liability for the company’s debts, may also face criminal or civil penalties and may be disqualified from acting as a director. The position of the company director has never been the subject of more scrutiny than it is today.

Introduction

31/10/2016 Pensions Update ­ October 2016 http://bakerxchange.com/rv/ff002b980788f142ab3974e23146b6f2e393d02b 1/4 Pensions Update October 2016 In this issue Court of Appeal clarifies treatment of pensions on bankruptcy PPF publishes consultation on 2017/2018 levy DWP consults on valuing pensions for the advice requirement Regulator declares rule change void Next steps in leaving the European Union Committee publishes new evidence on regulation of pension schemes Regulator launches blog Government cancels plans t

On 7 October 2016 Ashfords' Restructuring and Insolvency Team, led by partner Alan Bennett, assisted the directors in securing an Administration order in respect of Ronin Development Corporation (the "Company").

The Company was incorporated in Princeton, New Jersey, in October 1986 under the New Jersey Business Corporation Act, and is a global marketing, consulting and research company.

Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

Uncrystallised pension pot remains protected following bankruptcy

The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party with the benefit of the judgment still needs to enforce the order if payment is not made. This guide describes what enforcement means in practice and the approach to enforcement in Scotland.

Getting started

To enforce a court decree in Scotland, creditors need to do the following:

A company in liquidation appealed against a decision that its claim against the directors, for breach of fiduciary or statutory duty in relation to distribution in specie of the claimant company’s shareholding in another company, was time-barred.

After an extended period of consultation and drafting the Insolvency (England and Wales) Rules 2016, were published and laid before Parliament on 25 October 2016.

The new rules will come into effect on 6 April 2017 and will represent the most significant change to the procedures relating to almost all types of insolvency process since 1986.