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Insolvency

Can a Trustee in Bankruptcy be liable to the bankrupt for loss caused by breach of duty?

Earlier this year the Court of Appeal gave judgment in the case of Oraki and another v Bramston and another. The case involved the...

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Special Administration Regime for Insolvent Housing Associations

In the normal course of events when a company becomes insolvent it will be placed into an insolvency regime where the office holder...

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The pitfalls of petitioning

Whenever a creditor seeks to issue a petition against a debtor it is not unusual for the issue of how to deal with an offer to settle...

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Council Tax Liability Orders and Bankruptcy Proceedings

The High Court has recently confirmed that the hearing of a bankruptcy petition is not the correct venue to raise a challenge to liability. Under...

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Overdrawn Directors’ Loan Accounts

When a Company enters into a formal insolvency process, such as Liquidation, the Directors can often find that limited liability may...

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IS THAT GUARANTEED?

In today’s economy when a company is able to secure bank lending it has become common practice for the bank to seek a personal guarantee...

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