Masterclasses

We will look at formal procedures and technical frameworks, best practices and procedures and recent administration case law and its practical impact.

This course has been designed specifically for lenders, and anyone looking for an introduction or refresher on UK corporate insolvency and restructuring law from the creditor perspective. In it we will examine the consequences of a formal insolvency appointment or restructuring process for the bank or lender. Ultimately this is about understanding a lender’s options, the rights that you hold as a result of your security package and improving your lending decisions.

Procedural changes were introduced by the Bankruptcy and Debt Advice (Scotland) Act 2014 on 1 April 2015. The Act got its new name and a tidy up on 30 November 2016. So how have these changes bedded in, what is working well, and how can you use the provisions of the Act in practice?

The Insolvency Act 1986 and the Bankruptcy (Scotland) Act 2016 set out our rights as insolvency practitioners to investigate various transactions occurring prior to formal insolvency. Our overall aim is to recover funds diverted from the company or estate, that would otherwise have been available to the creditors on appointment.

Dealing with commercial property can throw up myriad challenges for the IP: security; health and safety; environmental issues and commercial rates, to name just a few. And as IPs we need to deal regularly with leases and landlords. What is a lease, and what are the rights of a tenant and a landlord on insolvency?

Understanding the relationships surrounding a debtor’s business or the structure of a group of companies is fundamental to the work that we do: where do the assets lie; who owns the shares; and what rights of recovery do we have in our capacity as IP that would allow us to make the most effective recovery in that situation?

Dealing with creditor claims is a fundamental part of our job. The statutory framework and process is clearly set out in legislation, but claims themselves can be complex.

This course looks in detail at the effects of death and divorce on a debtor’s estate, pre and post appointment, and the implications for us as IPs and the various stakeholders in the process.

As insolvency practitioners we need to understand and competently deal with diligence. We need to be able to recognise the rights that a creditor has to exercise diligence and when it takes priority over the insolvency process. Equally we need to know when we can cut down or equalise the diligence and rank the creditor accordingly. There are also occasions when we as IPs may choose to exercise diligence

The technical framework for dealing with heritable property in sequestrations and protected trust deeds is pretty straightforward, but it is an increasingly difficult issue to resolve in practice. How best to get a return for creditors from a property, while treating the debtor and their family fairly? What rights does a secured lender have, and how do you work with them to achieve the best outcome for all? Just how much is ‘substantial equity’ and how should you treat it?

Charities are not immune from the business cycle, and in tough times, funds can be hard to raise. Regulation of the charitable sector has also increased. Set against this background, how do you advise in advance of or deal with the insolvency of a charitable entity?

Insolvency involves risk. By its very nature, insolvency can be contentious and in a risk filled environment, we must protect ourselves and the assets over which we are appointed. As insolvency practitioners, we manage or mitigate that risk, and commonly we insure against it.

With regulatory focus remaining squarely on the consumer IVA market, and calls for the strengthened regulation of firms and changes to the Ethics Code set to impact those conducting IVAs, there has never been more pressure on insolvency practitioners to get it right.

The long awaited revision to the Insolvency Rules has now fully bedded in within England & Wales, heralding a modernisation of process and language, and radically altering the way that we communicate with creditors. As always with substantive new legislation, it’s only after it is in force for a while, that issues arise, or interpretations vary.

The revision to the Insolvency Rules has now fully bedded in within Scotland, heralding a modernisation of process and language, and radically altering the way that we communicate with creditors. As always with substantive new legislation, it’s only after it is in force for a while, that issues arise, or interpretations vary.

Sometimes in an insolvency, we choose to litigate. In a number of cases, the threat of litigation is enough, but in others we will raise the action and pursue the relevant party. We might be cutting down a gratuitous alienation, raising an action for misfeasance or privately examining a debtor. And what happens if you are the subject of litigation at the instance of an aggrieved party?

As insolvency practitioners, we are appointed to protect the creditors’ interests, and to recover as much as possible as by way of a dividend. We all know to check for and deal with physical assets, but where else in a company or an estate might value be hidden, and how can you realise it?

What is a partnership and how do you deal with one that is insolvent? A business formation that Scots Law recognises as an individual in its own right, a partnership is subject to the personal insolvency regime.

The noise around pre-packs continues. Used in the context of administration, a pre-packaged sale out of an insolvency often gives the best return to creditors. Not all creditors are convinced however, and the UK Government keeps a watching brief on pre-pack use and abuse.

As IPs, we need to competently handle securities. We need to be able to recognise them, deal with them and rank the secured creditor accordingly. We may need to challenge them and occasionally reduce them.