The cash flow test of insolvency includes the consideration of prospective and contingent debts

Resource type: Legal update: case report

Status: Law stated as at 06-Dec-2007

Jurisdictions: England, Wales

In the Matter of Cheyne Finance PLC (in receivership) [2007] EWHC 2402 (Ch)

The Companies Court has decided that the test of commercial or cash flow insolvency under 123(1)(e) of the Insolvency Act 1986 does not exclude the consideration of prospective or contingent debts and the standard of proof for proving the inability to pay debts was on the balance of probabilities.
PLC Finance

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  • Resource ID: 9-379-8717
  • Law stated date: 06-Dec-2007
  • Products:  PLC Law Department Email, PLC UK Corporate, PLC UK Dispute Resolution, PLC UK Finance, PLC UK Law Department, PLC UK Public Sector, PLC UK Restructuring and Insolvency
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