Bankruptcy and Insolvency in UK Law

  • Rainy Sky SA and Others v Kookmin Bank
    • Supreme Court
    • 02 November 2011
    ... ... liability under this Bond shall not be affected by … (v) any insolvency, re-organisation or dissolution of the Builder, or (vi) any other matter ... for protection from its creditors, file a voluntary petition in bankruptcy or take advantage of any insolvency law, or any action shall be taken by ... ...
  • Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
    • House of Lords
    • 03 May 1972
    ... ... one of whom became bankrupt: the petitioner was his trustee in bankruptcy. It was contended that the company was a quasi-partnership and that since ... to wind up a company in various circumstances indicative of insolvency; subsection (7) gave jurisdiction if the company had been dissolved or ... ...
  • National Westminster Bank Plc v Spectrum Plus Ltd and Others
    • House of Lords
    • 30 June 2005
    ... ... Section 175(2)(b) of the Insolvency Act 1986, re-enacting a rule that was first introduced over 100 years ago by the Preferential Payments in Bankruptcy Amendment Act 1897, ( 60 & 61 Vict , c 19), provides that, so far as the ... ...
  • Ebrahimi v Westbourne Galleries Ltd; Re Westbourne Galleries Ltd
    • House of Lords
    • 03 May 1972
    ... ... one of whom became bankrupt: the petitioner was his trustee in bankruptcy. It was contended that the company was a quasi-partnership and that since ... to wind up a company in various circumstances indicative of insolvency; subsection (7) gave jurisdiction if the company had been dissolved or ... ...
  • Cambridge Gas Transport Corporation v Official Committee of Unsecured Creditors of Navigator Holdings Plc and Others
    • Privy Council
    • 16 May 2006
    ... ... petitioned for relief in New York under Chapter 11 of the US Bankruptcy Code, which allows insolvent companies, under supervision of the court and ... In corporate insolvency, on the other hand, the insolvent company continues to be owner of its ... ...
  • Ayerst v C. & K. (Construction) Ltd
    • House of Lords
    • 21 May 1975
    ... ... if the company is insolvent the rules applicable in the law of bankruptcy must be followed, (section 317.) (3) All powers of dealing with the ... ...
  • New Cap Reinsurance Corporation Ltd ((in Liquidation)) v Grant; Rubin v Eurofinance SA
    • Supreme Court
    • 24 October 2012
    ... ... appeals raise an important and novel issue in international insolvency law. The issue is whether, and if so, in what circumstances, an order or udgment of a foreign court (on these appeals the United States Bankruptcy Court for the Southern District of New York, and the New South Wales ... ...
  • Rolled Steel Products (Holdings) Ltd v British Steel Corporation
    • Court of Appeal (Civil Division)
    • 11 June 1984
    ... ... It also started bankruptcy proceedings against him and served a statutory demand on S.S.S." ... to at least an appreciable risk of insolvency. Mr. Morritt took us through a draft composite Statement of Affairs of Mr ... ...
  • R v Kansal (Yash Pal) (Change of Law) (No 2)
    • House of Lords
    • 04 December 2001
    ... ... He was also convicted of two counts under the Insolvency Act 1986, namely that being a bankrupt (a) he removed property which he ... Prior to these advances on 11 March 1998 a bankruptcy order was made against him. On 23 March 1988 his wife collected from his ... ...
  • Re Hawk Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 23 February 2001
    ... ... petition for winding up, pursuant to section 122(1)(f) of the Insolvency Act 1986, on the grounds that it was unable to pay its debts. That ... was a mandatory set off under statute (then section 38 of the Bankruptcy Act 1883) upon the making of the winding-up order; so that the claim and ... ...
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