Liquidator Removal: Open Your Eyes and See
The removal of a Liquidator requires just cause. If the Liquidator has generally been honest and effective the Court is unlikely to remove him or her. It is not intended…
Bankruptcy’s not so clean slate
In the matter of Oraki v Hall [2019] EWHC 1515 (Ch) the continuing litigation in this rather unfortunate bankruptcy appears to continue. It was now the turn of HHJ Simon…
Putting the Creditors First
It is a classic paradox that the whole insolvency process is underpinned by the interests of creditors. However, the remarkable irony is that creditors although considered the primary stakeholder in…
Failure to Safeguard Estate Monies
An apparent failure to safeguard estate monies leads to a 9 year and 7 year ban for two Directors who had IVA and Protected Trust Deed clients. The sums at…
Insolvency is a Class Remedy
In the matter of Fraser Turner Ltd v Pricewaterhousecoopers LLP & Ors [2019] EWCA Civ 1290 which can be read here https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2019/1290.html&query=(insolvency)+AND+(is)+AND+(a)+AND+(class)+AND+(action) the Court held that the general body of…
Court not bound by Nominee
In the matter of CFL Finance Ltd v Bass (Good faith to voluntary arrangements : consumer credit law) [2019] EWHC 1839 https://www.bailii.org/ew/cases/EWHC/Ch/2019/1839.html the Court suggested that the investigations undertaken by…
Creditor of an Insolvency
Creditor of an Insolvency Creditor of an Insolvency is in someways linked to a posts called “Creditor How to Recover Your Money” and “Creditor Unpaid Debt Advice“. The answer…
In the Director’s Personal Name and on the Balance Sheet?
An asset on your company’s balance sheet is likely to be a reasonably good indication of some form of ownership even if the legal title to the asset is held…
