Debtor's Welcome to their Brother
Debtor's Welcome to their Brother
The Trade Union Congress’ views on Insolvency This report focuses on the effect of Insolvency and company liquidation on employees. It empathizes the importance of taking into account the interests […]
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The 61st meeting and the 15th Chapter The 61st meeting deals with amendments to chapter 15- Insolvency Practitioners Qualifications. From page 23 onward, you will find the draft chapter on the […]
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The first part of the meeting discusses the powers and duties of insolvency practitioners and the courts. A discussion then takes place in the second part on the distinction between the […]
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This document contains the petition to wind up companies brought by the Department of Trade. It includes the Department’s notes on the draft clauses of the companies bill, to the […]
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Matters arising in this meeting include receiverships, insolvency courts in Northern Ireland and disqualification of directors of insolvent companies. On page 5, there is correspondence from Isador Goldman & Son […]
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This document includes individual comments made by John Hunter and Peter Avis on qualifying requirements of insolvency practitioners.
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The 69th meeting discussed group trading, the chapter on extra-territorial aspects of insolvency law, UK insolvency law in relation to the EEC, and the need for reform. The committee agreed that […]
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The matters arising in this meeting include Deeds of arrangement, Compulsory and voluntary winding-up, enforcement procedures and administration orders.
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The meeting reflects on the visit to Croydon County Court. It points to the inequality between the examiner and the examinee. It refers to the suggestion by the Association of Certified […]
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The matters arising in this meeting included an issue of lack of staff. The committee emphasised that any discussion must be focused on what happens in insolvency, but not necessarily […]
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The Sixth meeting begins by discussing Romalpa clauses. Then, the Secretary is asked to enlarge the abuse of ss. 125, 126 of the Bankruptcy Act 1869. The document includes the […]
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In this meeting, the Committee discussed the matters of oral and written evidence, directors’ fraudulent actions and the commencement of bankruptcy and winding up. Oral and written evidence The evidence […]
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The meeting starts by discussing issues related to the different panels, and their relationship with one another and with the committee. At the start the Committee had a general discussion […]
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In this meeting, the committee outlined its approach to oral evidence. It also adopted the view that there should be no acts of bankruptcy. The committee also pointed out to the […]
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Receivership The matter that dominated the discussions in this meeting was receivership. The context was the personal liability of receivers. The committee agreed that receivers should remain personally liable to […]
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Romalpa and the banks This meeting discusses the issues related to Romalpa and its effect on lenders in great depth. It is worth reading the entire meeting report if you […]
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The committee in this meeting discussed its future meeting with the Law Commission. The main issue discussed in the meeting was receivership. The committee proposed that the duty of receivers […]
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The committee discussed the oral evidence that they had heard from interest groups such as the South Yorkshire Country Council and the City of London Solicitors Company. The committee said […]
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The committee agreed to put some oral evidence matters into the agenda. Future procedure was discussed, the aim of which was to speed up the committee’s work. It was expressed […]
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The Bank’s position on floating charges The meeting begins with discussing floating charges as securities for finance. The three qualities of a floating charge are flexibility , the freedom it […]
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Debt Arrangement Orders (DAOs) On the administration of such orders ,the committee was split between the Registrar’s ability to contracting the job out to a firm, or whether the court […]
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41st Meeting The matters that arose in this meeting were safeguarding the diminution in value arising with a deferment of realisation. Mr Hunter said that under the American system, the court […]
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The meeting draws attention to the fact that a statement by the Institute of Chartered Accountants included a provision prohibiting partners and employees of a practice from becoming liquidators of an insolvent […]
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There is a call for considering the nature of the Cork report, where Mr Walker-Arnott expressed his view that the report is getting closer to a consultative document. The committee […]
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Formulating a petition The committee discussed the proposal of closing the gap between Debt Arrangement Orders(DAOs) and full Bankruptcy in order to cater for bankrupts who qualified neither for bankruptcy […]
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Harmonising bankruptcy and company winding-up cases: a mammoth task The main issue that was discussed in this meeting was the proposed harmonisation of bankruptcy and Company Winding-Up procedures. The committee thought […]
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Set-off The main matter that was discussed in this meeting was the setting off of claims in different circumstances by different parties. The committee agreed that the setting -off of mutual […]
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A separate report is requested The interim meeting started by discussing the exercise on savings in government expenditure. Creditors must pay for their own trustees if they are to get […]
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Housing and Bankruptcy Mr Muir Hunter said at the start that in order to reconcile the harder line approach of judges, who put creditors first, and the Family Division, who […]
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41st Meeting On page 4, you will find a letter from Midland Bank Limited, which asks for certain matters to be raised during the committee’s 41st meeting. The firs issue was […]
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The meeting started by making a decision to re-activate the drafting sub-committee. Reservation of Title Reservation of title should be seen as a security interest. The committee also confirmed its […]
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Government’s policy on the OR’d role in bankruptcy The meeting starts by discussing the implications of the Government’s decision on the future of the Insolvency Service. The committee expressed that it […]
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Minutes of the 44th Meeting The committee started by discussing the time for hearing oral evidence. The committee then discussed a number of small subjects very briefly, before turning to […]
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Muir Hunter’s note on fraudulent preferences On page 3, you will find a brief for the meeting, in which Muir Hunter makes a number of observations regarding fraudulent preferences. He […]
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The document is a collection of individual comments by members of the committee on a number of the draft paragraphs of the final report. The first subject touched upon was […]
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The first piece of typed correspondence from Herbert Smith & Co Solicitors deals with the draft chapter on Administrators. The correspondence raises the question of whether rights of fortitude in […]
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The meeting discussed the initiation of insolvency proceedings. The committee first went through the comments made by members on Chapter 5 of the draft report. It them moved on to […]
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pages 1 to 5 deal with some issues related to after-acquired property. On pages 5 to, there is a supplementary note by John Hunter on the subject of after-acquired property.
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