Corporate Restructuring and Insolvency
Directors: Beware Section 139.
Section 139 doesn't often find itself being relied on in High Court
proceedings. However in the case of Devey Enterprises Limited (in
voluntary liquidation) Section 139 played centre stage.
Contact: Jill
Callanan.
November 2011.
Click
to view.
Options for Landlords with Insolvent Tenants.
The continuing harsh economic conditions see more and more businesses
going into examinership. Examinership has serious implications for
landlords. This artilce explains what landlords can expect when
their tenants seek the protection of the courts and what it may
mean for their leases.
Contact: Jill
Callanan.
Spring 2011.
Click to view.
Bell Lines Limited (in Official Liquidation).
The Supreme Court Rules that
a Secretary of State of the United Kingdom is Entitled to be treated
a a Preferential Creditor in a Winding Up in Ireland.
LK Shields Solicitors acted for the Secretary of State for the Department
of Business Innovation and Skills of the Government of the United
Kingdom (the Secretary of State) in a Supreme Court Appeal which
raised a succinct technical point in a liquidation.
Contact: Michael
Kavanagh or Shane
Neville.
March 2009.
Click
to download.
An Introduction to Examinership.
The statutory framework for placing a company in examinership is
set out in the Companies (Amendment) Act 1990. The process is designed
to provide a mechanism
for a company facing financial difficulty to benefit from a certain
period of protection
and to enable its rescue.
Contact: Marco
Hickey or Jill
Callanan.
October 2009.
Click
to download.
Liability Under a Personal Guarantee.
Guarantees - when if comes to payment, the liability
of the guarantor will include the unpaid principal and the interest
which continues to accrue at a compound rate of interest... This
article was published in The Sunday Business
Post.
Contact: Jill
Callanan.
July 2009.
Click
to download. (pdf)
Examiners, Receivers and the Thomas Read
Group.
Contact: Clare
Whelehan.
June 2009.
Click to view.
Guarantees in the Context of Examinerships.
Contact: Marco
Hickey.
May 2009.
Click
to download. (pdf)
Examinership: Can Secured Creditors Bank
on it?
Contact: Hugh
Garvey.
Spring 2009.
Click to view.
Insolvency: The Options Open to the Directors
of Troubled Companies.
Contact: Jill
Callanan.
Autumn 2008.
Click to view.
Examinerships: Cancellation of Shares
as Part of a Scheme of Arrangement.
Re McEnaney Construction Limited.
Contact: Emmet
Scully.
May 2008.
Click to view.
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