Welcome to our Restructuring & Insolvency podcast, the series in which members of our UK restructuring team discuss and give their opinions on the latest trends and challenges in the restructuring and insolvency arena.
From the latest hot topics, or trends in the marketplace, to sharing practical and commercial insight on day-to-day issues, our aim is to provide you with broad and engaging content that will keep you informed and up to date.
With new episodes coming out regularly, sign up to our restructuring and insolvency mailing list to receive a notification of a new episode, or check back here to listen to the latest release.
In this episode Rachael Markham and Ollie Ward-Jones discuss issues surrounding obtaining secured creditor consent to an administration extension, the problems this can cause for an insolvency practitioner - including invalid extensions, and how such issues might be addressed.
In this episode, Rachael Markham and Jon Chesman discuss how administrators should approach decision making in a way that will hopefully avoid later challenge, considering also when it is appropriate to ask the court for assistance and what is meant by the meaning of “thinks” and “considers” in the insolvency legislation.
In this episode, Rachael Markham and Helena Clarke discuss a recent court decision that considers the classification of fixed and floating charges, Avanti Communications. The case moves away from the previous thinking that, for a charge to be fixed, a lender needs total control over an asset, in favour of a more nuanced approach. How might this case impact lenders and insolvency practitioners moving forward?
In this episode, Rachael Markham and John Alderton discuss the signs of business stress and distress and why it is important for directors and business owners to know what to look out for. They explore what the difference is between stress and distress, how to identify where a business might sit on the stress/distress scale - including practical examples of what to look out for - and steps that a business can take to avoid moving towards or further down the stress/distress scale.
In this episode, Rachael Markham and Ololade Saromi from Five Paper Chambers discuss a recent unreported decision that concerned whether an administration had been validly extended where the administrators had used the deemed consent procedure to obtain the consent of unsecured creditors to the extension. The discussion covers what the court decided and in what circumstances administrators can use the deemed consent process.