Speechly Bircham | Inform: Insolvency

November 2007




Inform: Insolvency

Speechly Bircham

Dear Katie

Welcome to the second edition of Inform: Insolvency, a periodical newsletter produced by Speechly Bircham's Insolvency team, highlighting legal developments affecting insolvency practitioners.
 

Recent months have seen a number of significant cases which will have an impact on insolvency matters, including the courts discretion in administration applications, shareholder claims in corporate insolvency, bankruptcy restriction orders, phoenix companies and the latest developments in the jurisdictional battle between matrimonial and insolvency courts. 
 

If you would like any further information on the issues raised in this newsletter or to discuss how our Insolvency team could help you, contact myself or Simon Ridpath on +44 (0) 20 7427 6400.

 

Christopher Harlowe

News stories

The Court's discretion in administration applications
What factors should a court consider when asked whether or not it should make an administration order where the debt is disputed by the company, or the company claims it has an equivalent cross claim against the petitioner? read more

 

Shareholder claims in corporate insolvency

"Would a dividend declared but unpaid by a company rank as a debt qualifying shareholders or members of a company to be ranked as a creditor and equal to regular third party creditors?" read more

 

Bankruptcy restriction orders and director disqualification issues

What importance do the courts attach to their role as the public protector when in comes to the imposition of Bankruptcy Restriction Orders on individuals? read more

 

'Phoenix companies': statute and rules
Having recently acted for a former director on the first application of the amended Rule 4.228 of the Insolvency Rules 1986, we take a look at the provisions of the Insolvency Act which impose strict personal liability on the directors of an insolvent phoenix company for its debts where the appropriate rules have not been complied with. read more

 

Bankruptcy and divorce

A victory for insolvency in the battle between insolvency and matrimonial jurisdictions paves the way forward but the war is not over. read more

 

 


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Christopher Harlowe

Simon Ridpath

 

+44(0) 20 7427 6400




 



 


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