What does Chapter 11 mean? In UK and Irish legal practice, “Chapter 11” refers to the US debtor-in-possession corporate reorganisation process under Chapter 11 of the United States bankruptcy Code. It is a US statutory procedure; in the UK and Ireland the term is used descriptively to denote that regime. Key features include: an automatic stay; the debtor’s management remaining in control as debtor-in-possession; court-approved DIP financing; the ability to assume or reject executory contracts and leases; asset sales (often via section 363); and court confirmation of a reorganisation plan that can bind dissenting creditor classes through cramdown. Chapter 11 is not available in England &...
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A debtor-in-possession (DIP) is required to run the enterprise, act as a fiduciary or trustee for the bankruptcy estate, and put forward a reorganisation proposal that creditors can accept. These responsibilities are supported by the DIP’s management team, its board of directors, and appointed insolvency solicitors. Advisers should be aware that where the Bankruptcy Code refers to acts of the trustee, those provisions equally cover the DIP while the debtor controls its operations and no trustee has been installed to administer the estate. In broad terms, a voluntary chapter 11 case proceeds through a comparable, standard sequence of steps...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...