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About Restructuring & Insolvency Law

In Restructuring & Insolvency, your reputation, relationships and referrals are everything. You need to be the expert. You need to know the latest tips and tricks. You need to know what鈥檚 happening in the market right now. Lexis+ Restructuring & Insolvency is designed to give you that edge.

Brexit

Brexit is a significant subject for R&I lawyers due to the reciprocal nature of our relationship with Europe. Our Brexit content offers key information and updates for all practitioners, as well as legislation trackers.

Corporate Insolvency and Governance Act 2020

Includes new legislation due to coronavirus. Temporary provisions centre around winding-up petitions, wrongful trading and ipso facto clauses. Permanent changes include the creation of two corporate insolvency processes.

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Get country guides for 45 jurisdictions 鈥 the majority are from our Getting the Deal Through series. Where there are jurisdictional gaps, we have commissioned content, and have created several comparison tables.

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Latest Restructuring & Insolvency Q&As

Q&As
Scotland鈥攃an a debt be both provable in bankruptcy and also enforceable as post-bankruptcy debt? The situation is as follows鈥攕ettlement agreement with company, with director of company guaranteeing the company鈥檚 obligations鈥攖he company and the director enter liquidation and bankruptcy respectively. The settlement agreement (executed before both insolvencies) provides that sums are payable in future, ie after the intervening bankruptcy and liquidation. The debt is clearly provable in both liquidation and bankruptcy, but could creditor argue that the bankrupt still owes the money as the guarantee would not bite until after bankruptcy (and therefore is post bankruptcy debt)?
Q&As
Scotland鈥攃an an administrator of a limited company (appointed jointly but with power to act alone) delegate authority to sign a sale contract to the solicitor acting for the company in respect of the sale? Can the same administrator also delegate authority to sign the same contract to the same solicitor on behalf of the administrators who are also party to that contract for the purpose of receiving the benefit of the exclusion of personal liability and other declarations and exclusions?
Q&As
Scotland鈥攃an a liquidator use section 127 of the Insolvency Act 1986 to treat post-petition transfers as void where there is an intervening administration?
Q&As
Scotland鈥攊n a case concerning a creditor鈥檚 voluntary liquidation, must the Insolvency Practitioner (IP) give notice of appointment to all creditors? If notice is not given correctly, is the IP appointment still valid? What makes the appointment valid?
Q&As
Scotland鈥攊f a statutory demand is posted by first class recorded delivery post to a registered company, when is it deemed to be served?
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Associated legal terms

Administrative Receivership

/蓹d藞m瑟n瑟str蓹t瑟v/ /r瑟藞si藧v蓹蕛瑟p/

When a company breaches the terms of its borrowing from a creditor with a Qualifying Floating charge, or in other circumstances set out in the charge, in limited circumstances that creditor may appoint an administrative receiver to recover the money it is owed.

Interim attachment

Process (similar to diligence on the dependence) which restricts the debtor's ability to deal with a limited range of moveable assets in their possession while a court action progresses

Practical insolvency

An inability to pay debts or instalments on debts as they become due is called simple or practical insolvency. A debtor can be practically insolvent without any formal legal steps being taken, and even though they could, given time, realise sufficient assets to pay all the debts
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