Reconstruction & Corporate Recovery Update - December 2009

09-Dec-2009  |  Banking & Finance, Capital Markets, Restructuring & Corporate Recovery


Issues discussed include:

  • What can be claimed under S423 Insolvency Act 1986 (Transactions defrauding creditors)?
  • Administration set-off. Some guidance on how to interpret r2.85-2.88 of the Insolvency Rules
  • </td><//td>No duty of care owed by an Administrator to an unsecured creditor
  • When were monies trust monies?
  • How general can a request for information be under s236 Insolvency Act 1986?http://reaction.taylorwessing.com/reaction/Newsletters/RCR/2009_Dec_Page05.html
  • </td><//td>Schemes of Arrangement cannot deal with proprietary claims in trust assets
  • Clarification of anti-deprivation principle
  • </td><//td>Voluntary v Compulsory Winding-up
  • </td><//td>Trying to balance the operation of the UNCITRAL model law on Insolvency
  • </td><//td>Hotel finance: managing developments in distress
  • </td><//td>Bankruptcy tourism: excess baggage
  • The OFT has launched a market study into corporate insolvency
  • </td><//td>Results of Consultation on Encouraging Company Rescue
  • Four months to get to grips with new Insolvency Rules 

Lawyers Nick Moser, Neil Smyth

 
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