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So, what do you know? – Information gathering in insolvency processes

April 30, 2024 | Videos

In this webinar, Jessica Powers discusses the information gathering tools available to trustees in bankruptcy and liquidators, with a particular focus on private examinations, and search and seizure orders.

Office-holders are given extensive powers under the Insolvency Act 1986 to obtain information from bankrupts, the officers of insolvent companies and a wide range of third parties. In this webinar, Jessica Powers will delve into the information-gathering toolkit, recapping the powers available to office-holders, before going on to explore common, novel, and practical issues which arise in the process of information gathering, from the perspectives of both office-holders and their targets.

There will be a particular focus on:

Search and seizure orders

  • What does a trustee in bankruptcy need to establish?
  • What does an order look like, and what safeguarding provisions should be included?
  • Who is the Tipstaff?!

Interviews and private examinations

  • Should anyone attend a voluntary interview?
  • Does the privilege against self-incrimination apply?
  • When will the Court order a private examination?

Vulnerable and vexatious parties

  • How do suspected capacity issues affect the information gathering process?
  • How can office-holders combat attempts to frustrate the information gathering process?
Practice areas: Insolvency



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