Dark Side of Liquidation

Support for unsecured creditors in liquidations is scarce

When a limited company enters liquidation, for whatever reason, revenue from the sale of the company’s assets is redistributed amongst creditors and shareholders in order of priority.   The director’s powers cease and an insolvency practitioner (IP) takes over managing the company’s affairs. The director no longer has any control over the company or its…

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End of temporary insolvency measures

Creditors are now free to present a winding-up petition on a debtor company that owes over £750 following the lifting of the government's temporary CIGA 2020 insolvency measures

Last week, the Government withdrew the temporary insolvency measures introduced two years earlier to support businesses during the Covid-19 pandemic. Creditors could obtain winding-up petitions under the temporary legislation (enacted as part of the Corporate Insolvency and Governance Act 2020). However, the debt threshold for winding-up petitions increased to £10,000 and creditors were compelled to:…

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Cybercrime: Beware of Ukraine donation scams

It is hard not to be affected by the horrific scenes of war from Ukraine that appear daily on our screens. We can only empathise with the innocent people caught in the crossfire. Most of us feel helpless, but want to help anyway we can. Consequently, there has been a global outpouring of cash and…

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How to challenge a statutory demand

Company directors, business owners, and individuals can expect to receive more statutory demands in 2022 compared to previous years. Why? Covid-19 has forced many people and companies to give more credit than usual, and making a statutory demand is the first thing they’ll do when attempting to recover overdue debts. A statutory demand is a…

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Corporate fraudsters: Are UK laws tough enough?

Why are the US government's fraud laws more strict?

Whereas dishonest British company directors are rarely punished, American TV star Martha Stewart served time in jail for misleading investors Several articles discussing UK fraud laws have been knocking about over the past week, and several ask a fascinating question: Compared to the USA, is the UK tough enough on corporate wrongdoing? It’s safe to…

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Benefits of a creditors’ committee

Benefits of a creditors committee

Creditors in a statutory insolvency procedure should establish a creditors’ committee if they want to influence proceedings, set the basis for the insolvency practitioner’s fees, and increase dividends for the general body of creditors. A creditors’ committee consists of 3 to 5 people who are responsible for setting the basis of the insolvency practitioner (IP)’s…

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