InsolvencyBlog

Mixed messages regarding 'time to pay'?

08/31/10

HMRC is currently 'considering the release of statistics for Time to Pay (TTP)'. Whilst the review is ongoing it is unable to provide statistical information for the Business Payment Support Service which operates all TTP arrangements.

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Modified Universalism - Rubin & Lan v Eurofinance

08/24/10

Rubin & Lan v Eurofinance involved a "novel, though we believe inevitable and desirable, development of the common law" (according to Lord Justice Ward). Founded on the principles of modified universalism (insolvency proceedings are collective, dealing with all assets for...

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Unable to pay its debts - the balance sheet test

08/10/10

We all know the definition of insolvency for a company - or do we? The cashflow test - unable to pay its debts as they fall due - is relatively uncontroversial, but the balance sheet test is more difficult. Section...

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CVAs can compromise guaranteed landlords' claims if IPs are careful

07/25/10

Guarantee-stripping - the compromise of a landlord's claim against the guarantor of a tenant debtor - also known as the Powerhouse principle, has been endorsed by the High Court as a valid legal mechanism within a CVA, as long as...

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Rent as an administration expense - Goldacre

06/15/10

Commercial landlords and insolvency practitioners are all alive to the effects of the decision of HHJ Purle QC in Goldacre (Offices) Ltd v Nortel Networks UK Ltd [2009] EWHC 3389 (Ch) (07 December 2009), that rent is an administration expense...

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HMRC - Time to pay rejections on the rise

05/14/10

The previous Government's support in giving businesses time to pay their their debts to HMRC via the Business Payment Support Service (BPSS) has been widely acknowledged as having provided a lifeline to many businesses. Continued support was assured in their...

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Unfair football creditors rule?

04/26/10

Portsmouth FC's administrators' proposals to creditors make fascinating reading. Their accessibility highlights the Football Association's football creditors rule, which requires players, clubs and agents to be paid often very large sums in full, while non-football creditors including charities such as...

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Insolvency Regulation

04/16/10

Credit Today reports "OFT weighs up insolvency regulation" on the Office of Fair Trading study of the corporate insolvency market. The OFT is considering whether to recommend that the number of Recognised Professional Bodies (regulators) be reduced to 2 or...

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Landlords as creditors: tenant insolvency

04/01/10

Some landlords struggle with their position in administrations (especially pre-packs) and CVAs, as illustrated by the naturally landlord-centric perspective of insolvency given by the British Property Federation. Landlords are so used to their powers of distraint and forfeiture maintaining their...

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The Insolvency (Amendment) Rules 2010 and other new insolvency legislation

03/28/10

You will be delighted to know that The Insolvency (Amendment) Rules 2010 are not the only piece of insolvency legislation coming into effect on 6 April 2010. The main insolvency rules changes are joined by The Insolvency (Amendment) (No. 2)...

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