Not too early, is the warning from the recent case of E Realisations 2020 Limited.
(UK) At What Point Should An Administrator Obtain Consent to an Administration Extension?
Latest from Restructuring Globalview
UK’s Tax Authority Pledges Support for (only the best) Restructuring Deals
HMRC as the UK tax authority is often the largest creditor in any insolvency, but has not always been willing to engage in the process. This has caused viable restructuring proposals to fail for lack of support and this sometimes
(UK) Court Crams Down HMRC in the latest SME Restructuring Plan
There has been very little to indicate how HM Revenue and Customs (“HMRC”) might approach a restructuring plan (RP), following HMRC’s preferential status being restored in 2020.
The reinstatement of HMRC as a preferential creditor potentially makes company voluntary arrangements
(UK) Insolvency litigation and funding—can the court limit relief to the amount required to place the company ‘on the cusp’ of solvency?
In PGD (in liquidation) Manolete Partners plc v Hope Mr Justice Zacaroli considered whether it was possible and/or appropriate to limit the quantum of relief granted in insolvency litigation to the amount required to pay the liquidation debts, costs and
Recent data reveals how much it might cost to enter a moratorium
Although there have not been many moratoriums since they were introduced, there have been a few, and according to data collected for this recent interim report, the costs of appointing a monitor and entering into a moratorium appear to
What are the actual costs of UK restructuring plans for the SME market?
The perceived costs of proposing a restructuring plan are seen to be the biggest inhibitors to using the process for SMEs. It is still a relatively new tool and insolvency practitioners, lawyers and the courts are still grappling with it,
Siegel v. Fitzgerald – How to Remedy the Impacts of an Unconstitutional Law
On June 6, 2022, the U.S. Supreme Court issued its opinion in Siegel v. Fitzgerald, in which the Court held that the Bankruptcy Judgeship Act of 2017, Pub. L. 115-72, Div. B, 131 Stat. 1229 (the “2017 Act”) was unconstitutional.
Personal liability for PAYE, and all that Hoey (UK)
The Court of Appeal recently handed down its judgment in the Hoey case. The case is noteworthy because it helps illustrate the extent of HMRC’s powers to collect tax by shifting compliance obligations from one person to another. As can
(UK) To Whom Should Insolvency Claims Be Assigned?
It is often the case, that insolvency claims are pursued against former directors of the insolvent company or persons connected to them. It is also often the case, that such claims are assigned to a litigation funding company given lack
In re PWM Property Management: Creditors’ and Equity Holder’s Attempt to File and Solicit Competing Plan During Exclusivity Period Denied
What options does a creditor have when they are frustrated with how a debtor is conducting its chapter 11 bankruptcy case? In In re PWM Property Management LLC, the Delaware bankruptcy court denied a motion by creditors and interest holders