| 1 | Administration An overview of the process of the administration of insolvent companies. Administration is designed as a process for the restructuring and rescue of insolvent companies, but which often leads to the sale of business and assets, in many cases on a going concern basis. | Practice note: overview | Maintained |
| 2 | Administration: a quick guide A quick guide to the process of company administration under the Insolvency Act 1986. | Practice note: overview | Maintained |
| 3 | Company voluntary arrangements (CVA): a quick guide A quick guide to company voluntary arrangements (CVAs), forming part of series of quick guides (for more information on quick guides, see Quick guides). | Practice note: overview | Maintained |
| 4 | Company voluntary arrangements (CVAs) An overview of the procedure involved in company voluntary arrangements (CVAs). | Practice note: overview | Maintained |
| 5 | Compulsory liquidation: a quick guide A quick guide to the process of compulsory liquidation or winding up of an insolvent company under the Insolvency Act 1986. It includes guidance for creditors, employees and directors of a company in compulsory liquidation. | Practice note: overview | Maintained |
| 6 | Corporate insolvency: a guide An introduction to the aims of and background to corporate insolvency law, together with a brief overview of the various insolvency procedures available. This note also contains links to a multi-jurisdictional guide to restructuring and insolvency and a detailed note on US bankruptcy procedures. | Practice note: overview | Maintained |
| 7 | Corporate insolvency: a quick guide A quick guide to corporate insolvency in England and Wales.This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 8 | Creditors' voluntary liquidation: a quick guide A quick guide to the process of creditors' voluntary liquidation (CVL) of an insolvent company under the Insolvency Act 1986. It includes guidance for creditors, employees and directors of a company in CVL. | Practice note: overview | Maintained |
| 9 | Overview of company insolvency procedures This note provides a summary of the various procedures that may apply to a company in financial difficulties and summarises information in the following practice notes: Administration. Administrative receivership. Company voluntary arrangements (CVAs). Schemes of arrangement: role of the court. Liquidation. For each procedure, this note summarises in tabular form: Its purpose. Who may commence the procedure. How the procedure is commenced. Its effect. | Practice note: overview | Maintained |
| 10 | Personal insolvency procedures: overview A practice note giving an overview of bankruptcy, individual voluntary arrangements (IVA) and debt relief orders (DRO), enforcement restriction orders, county court administration orders and debt repayment plans. | Practice note: overview | Maintained |
| 11 | Personal insolvency: a quick guide A quick guide to personal insolvency procedures in England and Wales, including bankruptcy and individual voluntary arrangements (IVAs).This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 12 | Pre-packs in administration: a quick guide Although not a new restructuring strategy, the use of pre-packaged sales in administrations, known as "pre-packs", is growing. This practice note is an introduction to the key issues surrounding the controversial use of pre-packs in administrations. | Practice note: overview | Maintained |
| 13 | Provisional liquidation: a quick guide A quick guide on the corporate insolvency procedure of provisional liquidation. | Practice note: overview | Maintained |
| 14 | Schemes of arrangement: overview An overview of schemes of arrangement, including when a scheme of arrangement may be useful for both solvent and insolvent companies, the requirements for a scheme of arrangement and frequently-seen issues when obtaining creditor, shareholder and court approval. | Practice note: overview | Maintained |
| 15 | Administrative receivership An overview of administrative receivership. | Practice notes | Maintained |
| 16 | Amended Insolvency Rules 1986: disclaimer A note setting out the amendments to rules 4.187 to 4.194 and 6.178 to 6.186 of the Insolvency Rules 1986 (SI 1986/1925) relating to disclaimer in liquidation and bankruptcy, implemented by the Insolvency (Amendment) Rules 2010 (SI 2010/686), with effect for insolvency procedures commencing on or after 6 April 2010. | Practice notes | 06-Apr-2010 |
| 17 | Amended Insolvency Rules 1986: transitional provisions The transitional provisions in schedule 4 of the Insolvency (Amendment) Rules 2010 (SI 2010/686) set out the detailed arrangements for the coming into force of the amendments to the Insolvency Rules 1986. | Practice notes | 06-Apr-2010 |
| 18 | Bankrupt's family home and orders for sale and possession in ... This note addresses how a trustee in bankruptcy identifies, protects and deals with his interest in the bankrupt's family home. It discusses the effect of a bankruptcy order on trusts of land and rights of occupation affecting the bankrupt's family home. It also sets out the grounds for a trustee's application for an order for possession and sale of the bankrupt's home, considering the impact of exceptional circumstances and the bankrupt's death. | Practice notes | Maintained |
| 19 | Charging orders over land: protection, priority and the effect of ... A practice note discussing charging orders over land, how to protect them, priority issues and the effect of insolvency and other security on their enforceability. | Practice notes | Maintained |
| 20 | Company voluntary arrangements: a guide for landlords A practice note on the key aspects of CVAs for landlords. | Practice notes | Maintained |
| 21 | Compulsory liquidation: What is it and when can a company ... This practice note provides an overview of compulsory liquidation, or winding-up. It discusses situations in which a company can be placed into compulsory liquidation and what happens after a compulsory liquidation order is made. For further information on how to place a company into compulsory liquidation see Checklist, How do I place a company into compulsory liquidation?. This note does not cover voluntary liquidations, which are considered in Practice note, Voluntary liquidation: What is it and how do I place a company into voluntary liquidation? | Practice notes | Maintained |
| 22 | Corporate insolvency and guarantees: overview An overview of the impact of corporate insolvency on guarantees. This practice note looks at the effect of the insolvency of the principal obligor, the guarantor and the guaranteed third party on the guarantee and on the parties' rights and remedies. It also considers the effect of foreign corporate insolvency proceedings on English law guarantees. | Practice notes | Maintained |
| 23 | Creditors of companies in financial difficulty or insolvency: top ... Suggested answers to some common questions asked by creditors of insolvent companies and companies in financial difficulties. | Practice notes | Maintained |
| 24 | Direct payment to sub-contractors on a construction project ... A note outlining what is meant by direct payment from an employer to a sub-contractor in the construction industry, the possible benefits and risks of that approach for the parties and possible alternative approaches. | Practice notes | Maintained |
| 25 | Do joint bankrupt owners need to sign a transfer? A note on whether joint bankrupt owners need to sign a transfer or whether their trustee in bankruptcy can do so instead. | Practice notes | Maintained |
| 26 | Do we need a Legal Opinion for a rent deposit to be given by ... A note explaining the requirements for a Legal Opinion to be given in conjunction with a rent deposit being entered into by the tenant, which is a Guernsey company. | Practice notes | Maintained |
| 27 | Executing the transfer when the seller is bankrupt A note on how a transfer should be executed where the seller is bankrupt. | Practice notes | Maintained |
| 28 | Help for residential borrowers struggling with mortgage ... A practice note providing a brief overview of the schemes and guidance available to homeowners who are in arrears with their mortgage repayments and at risk of repossession. | Practice notes | Maintained |
| 29 | How can I protect my business from a debtor getting into ... A practice note on how to respond to the financial difficulties or insolvency of a company that owes you money, which considers how to press for payment from a distressed trading partner, key contractual issues and outlines the position of the unsecured creditor in an insolvency process. | Practice notes | Maintained |
| 30 | How do I give effective advice to a business in financial ... A practice note how to provide effective advice to a client in financial difficulty or near insolvency. | Practice notes | Maintained |
| 31 | How to identify a company in financial difficulty A practice note explaining the "decline curve" of a business, giving guidance on how to get the information to assess how serious a business' difficulties are, and providing an overview of what insolvency means and how to react to it. | Practice notes | Maintained |
| 32 | Impact on a superior landlord if a liquidator disclaims a ... A note answering a question of how a superior landlord is affected if a liquidator disclaims a headlease where there is more than one subtenant (that is, there are subtenants of parts). | Practice notes | Maintained |
| 33 | Insolvency: carrying out bankruptcy searches A note on the procedure for carrying out bankruptcy searches. | Practice notes | Maintained |
| 34 | Insolvency: equitable accounting A note which considers the process of equitable accounting when one of the joint owners of a property is declared bankrupt. | Practice notes | Maintained |
| 35 | Insolvency: sale of property by LPA receiver when the bank is ... A note on whether a Law of Property Act (LPA) receiver can transfer property when the appointing bank has subsequently gone into administration. | Practice notes | Maintained |
| 36 | Is a new charge needed when a landlord with a charge over a ... A note on whether a new charge is needed when a landlord with the benefit of a charge over a rent deposit assigns the reversion. | Practice notes | Maintained |
| 37 | Issues around the position when the freehold reversion is ... A note on the position when the freehold reversion is bona vacantia and the tenant wishes to purchase it. | Practice notes | Maintained |
| 38 | Issues surrounding section 6 LDAA 1908 notices and the ... A note on whether a notice served by a landlord under section 6 of the Law of Distress Amendment Act 1908 (LDAA 1908) is caught by the moratorium imposed when a tenant company goes into administration. | Practice notes | Maintained |
| 39 | Lease disclaimers in insolvency: effect on subtenants and ... A Practice note providing a guide for subtenants and other third parties on what happens when the tenant becomes insolvent and the lease is disclaimed. | Practice notes | Maintained |
| 40 | Liability for rates following disclaimer of a lease by a liquidator A note answering the question of who is liable for rates following the disclaimer of a lease by a liquidator. | Practice notes | Maintained |
| 41 | Liquidation: overview An overview of the methods of achieving a liquidation of a company registered in England and Wales. This practice note links to more detailed practice notes covering: Compulsory liquidation. Voluntary liquidation. Liquidator's powers. | Practice notes | Maintained |
| 42 | Liquidators disclaiming contracts containing overage A note on whether a liquidator can disclaim a contract containing overage and if so, will a restriction protect the landowner. | Practice notes | Maintained |
| 43 | Litigation and insolvency: claiming against an insolvent ... A practical guide for those who are seeking to bring or continue a claim against a company or individual which is, or is about to become, insolvent. This includes a summary of the statutory moratorium or automatic stay of proceedings that arise under the Insolvency Act 1986 when a company is in administration or liquidation respectively, and guidance on the court's approach on an application for leave to pursue a claim. | Practice notes | Maintained |
| 44 | Mortgages and charges over land An overview of mortgages and charges over land (also known as real estate or property). This note describes the types of security that can be created or arise over property, the form and contents of a typical mortgage or fixed charge over property, due diligence and pre-completion issues, potential challenges to security, how security over property is released and a lender's remedies under a mortgage or charge over property. | Practice notes | Maintained |
| 45 | Mortgages: multiple charges and insufficient equity in ... A note which considers potential action by mortgagees where there are multiple charges on residential property and insufficient equity to repay all mortgagees in full. | Practice notes | Maintained |
| 46 | Recovering property that has passed to the Crown as bona ... A note on how to recover registered land lost as bona vacantia when the owning company was struck off the Register of Companies. | Practice notes | Maintained |
| 47 | Registering charges: the position if a charge has been ... A note on the position if a charge has been registered at the Land Registry but not at Companies House. | Practice notes | Maintained |
| 48 | Restoring a dissolved company to the register of companies A guide to the procedures for restoring a dissolved company to the register of companies, under Part 31 of the Companies Act 2006. | Practice notes | Maintained |
| 49 | Restrictions on the title and purchasers from a trustee in ... A note on what happens where land is sold subject to overage provisions that are protected by a restriction on the register, and the landowner then becomes bankrupt. If the trustee in bankruptcy sells the land to a third party, will the restriction requirements have to be satisfied? | Practice notes | Maintained |
| 50 | Restructuring and insolvency jargon buster An explanation of commonly used restructuring and insolvency jargon. | Practice notes | Maintained |
| 51 | Reviewable transactions in corporate insolvency A guide to the procedures under UK corporate insolvency law to enable the adjustment of antecedent transactions and the protection of the insolvent company's assets for the benefit of its creditors. This note covers disclaimer, transactions at undervalue, preferences, extortionate credit transactions, invalid floating charges, transactions defrauding creditors, contribution by past shareholders and directors, and common law rules. | Practice notes | Maintained |
| 52 | Setting aside a transaction at undervalue where the bankrupt ... A note on whether a trustee in bankruptcy can apply to set aside a transaction alleging a transaction at undervalue, where the bankrupt had declared he was solvent in the transfer document. | Practice notes | Maintained |
| 53 | Some questions concerning equitable charges and their ... A note on equitable charges, when they can be granted, their priority and whether they can be registered. | Practice notes | Maintained |
| 54 | Tenant insolvency and its effect on the landlord Practice note on the effect of a tenant's insolvency on its landlord's ability to distrain or sue for rent or to forfeit the lease. | Practice notes | Maintained |
| 55 | Trustee in bankruptcy transacting with a bankrupt individual A note on whether a trustee in bankruptcy can apply to set aside a transaction alleging a transaction at undervalue, where the bankrupt had declared he was solvent in the transfer document. | Practice notes | Maintained |
| 56 | VAT and property: mortgagees and insolvency practitioners This practice note explains the VAT consequences of property sales by a mortgagee following a default by the mortgagor in an insolvency. | Practice notes | Maintained |
| 57 | Voluntary liquidation: what is it and how do I place a company ... This practice note describes the two types of voluntary liquidation: members' and creditors' voluntary liquidations. It explains how a company can be placed into voluntary liquidation and the effects of a voluntary liquidation. For information on compulsory liquidations, see Practice note, Compulsory Liquidation: what is it and when can a company be placed into compulsory liquidation? and Practice note, Compulsory Liquidation: How do I place a company into compulsory liquidation? | Practice notes | Maintained |
| 58 | What are the warning signs of financial difficulty in a ... A guide to what to look for in a company's accounts when assessing its financial position and the warnings signs that may indicate financial difficulty or potential insolvency. | Practice notes | Maintained |
| 59 | What is the position of a superior landlord where there is a ... A note explaining the position of a superior landlord where there is a subtenant rent deposit and the headlease is either surrendered or disclaimed. | Practice notes | Maintained |