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Home > Publications > Corporate Restructuring and Insolvency

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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