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Bankruptcy law - Category Home

Bankruptcy law - Topics

When should a business write off a debt instead of suing? A fraudulent transfer claim can reach assets moved years before the collapse What happens to executory contracts when a company enters administration DIP financing gives a bankrupt company new money priority over its old lenders Who pays to clean up a mine when the company has dissolved The trustee's power to reject a lease and what the landlord can recover Preference actions claw back payments made in the ninety days before filing Priority order decides who gets paid and secured creditors usually sit outside the queue Chapter 11 vs Chapter 7: a reorganisation keeps the business alive for the creditors' benefit Why employees often rank ahead of trade creditors for unpaid wages The automatic stay stops every collection action the moment a petition is filed Consumer bankruptcy vs business bankruptcy: two statutes and two different goals Cramdown: how a court approves a plan over the objection of a creditor class Group structures and how a parent can be liable for a subsidiary's debts Directors can be personally liable for letting a company trade while insolvent What a personal guarantee from a director is worth once the company fails Retention of title clauses keep goods the seller's until the invoice clears A bill of exchange is a promise to pay that can be sold on and that survives insolvency A floating charge over future assets and what the lender can actually seize Cross-border insolvency and which country's courts get to run the case