Insolvency and Restructuring Manual
Bloomsbury Publishing Plc,
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- Table of Statutes
- Table of Statutory Instruments
- Table of Cases
- Chapter 1 What are insolvency and restructuring?
- 1.1 Introduction
- 1.2 Where is corporate insolvency law found?
- 1.3 Inability to pay debts
- 1.4 What are the possible formal processes?
- 1.5 What is the insolvent entity?
- 1.6 Restructuring as an alternative
- 1.7 What possible changes might occur?
- Chapter 2 Who gets what?
- 2.1 Introduction
- 2.2 What will be available to the creditors?
- 2.3 Secured creditors
- 2.4 Expenses associated with the formal insolvency process
- 2.5 Preferential debts
- 2.6 The prescribed part
- 2.7 Ordinary unsecured creditors
- 2.8 Interest
- 2.9 Non-provable debts
- 2.10 Debts due to shareholders in their capacity as shareholders
- 2.11 Set-off
- Chapter 3 Liquidation
- 3.1 Introduction
- 3.2 What are the uses of each type of liquidation?
- 3.3 Commencing a voluntary liquidation
- 3.4 Commencing a compulsory liquidation
- 3.5 What are the other consequences of liquidation?
- 3.6 Disclaimer
- 3.7 Duties of the liquidator
- 3.8 Powers of the liquidator
- 3.9 How are creditors involved and informed?
- 3.10 How do unsecured creditors recover monies due to them?
- 3.11 The distribution process
- 3.12 Dealing with creditors in an MVL
- 3.13 Ending the liquidation
- Chapter 4 Administration
- 4.1 Introduction
- 4.2 What is the purpose of administration?
- 4.3 Commencing an administration
- 4.4 What is the effect of the administration moratorium?
- 4.5 What are the other consequences of administration?
- 4.6 How are the creditors informed and involved?
- 4.7 Duties of the administrator
- 4.8 Powers of the administrator
- 4.9 Supervision of the administrator
- 4.10 Ending the administration
- 4.11 Pre-packaged administrations
- Chapter 5 Antecedent transactions
- 5.1 Introduction
- 5.2 Transactions at an undervalue
- 5.3 Preferences
- 5.4 Transactions defrauding creditors
- 5.5 Extortionate credit transactions
- 5.6 Floating charges for no new value
- 5.7 Distributions post-presentation of winding-up petition
- 5.8 Who is a 'connected' person?
- Chapter 6 Position of directors
- 6.1 Introduction
- 6.2 Who is a 'director'?
- 6.3 Directors' duties
- 6.4 Risks to directors
- 6.5 Practical consequences for directors
- 6.6 Additional issues for public companies
- 6.7 The directors' role in a formal insolvency process
- Chapter 7 CVAs and Schemes of Arrangement
- 7.1 Introduction
- 7.2 Company voluntary arrangements
- 7.3 Schemes of Arrangement
- Chapter 8 Secured creditors
- 8.1 Introduction
- 8.2 How might a secured creditor enforce its security?
- 8.3 Appointing a receiver or administrator
- 8.4 What is the status of a receiver?
- 8.5 What are the other consequences of receivership?
- 8.6 How are the creditors informed and involved?
- 8.7 Duties of the receiver
- 8.8 Powers of a receiver