Are liquidation committees necessary?

Liquidation committees provide transparency and help to protect creditors' rights in liquidation procedures

Sometimes when a company is wound up via compulsory liquidation or creditors’ voluntary liquidation (CVL) a liquidation committee is formed to monitor the liquidator’s activities and look after creditors’ interests. Without liquidation committees, liquidators could do as they please and put their own interests over those of creditors. The establishment of a committee gives creditors…

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Company insolvencies rapidly increasing

A surge in company liquidations in England and Wales since the Covid-19 pandemic

Government figures reveal a 40% increase in the number of registered companies that entered insolvency procedures during the past year. Newly-released data shows the number of companies entering statutory insolvency procedures has risen 15% compared to pre-pandemic levels in June 2019. Furthermore, the number of companies that were placed into a creditors’ voluntary liquidation (CVL)…

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Insolvency Service adjusts IVA payment rules

Insolvency Services urges insolvency practitioners to consider cost of living crisis in IVA procedures

The Insolvency Service is to overhaul the Individual Voluntary Arrangement (IVA) regime in the wake of the cost of living crisis.   Individual Voluntary Arrangements are legally binding court-approved agreements that people make to pay all or part of the debts they owe. An IVA is a statutory insolvency procedure managed by an insolvency practitioner…

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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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Director disqualification and misconduct

Tips for directors accused of misconduct

Careless, deceitful, and delinquent company directors can expect to face disqualification proceedings if their actions cause creditors to suffer financial loss. Disgruntled shareholders and creditors (the people and businesses you owe) may take action against a director suspected of misfeasance or another serious transgression. However, a licensed insolvency practitioner (IP) usually instigates Director Disqualification Proceedings.…

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Tips for bankrupts and bankruptcy in 2021

Bankruptcy is a no-brainer if you have no assets and lots of debts

Considering the state of the UK economy, it should come as no great surprise if there’s an increase in the number of bankrupts and bankruptcy procedures in 2021. In the vast majority of cases, the main causes of bankruptcy are: Loan defaults Unemployment Business failures A downward trend in the economy    If you have…

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