Blog
In this article, Malcolm Niekirk looks at the Third Parties (Rights against Insurers) Act 2010, discussing how it works and providing advice for IPs on their duties to comply with it.
Malcolm Niekirk discusses debtors with high rise buildings, and your responsibilities as an insolvency practitioner.
In his latest Coffee Break Briefing webinar, Malcolm Niekirk looked at the new Companies House Reforms and discussed how Insolvency Practitioners can prepare for them. This is the summary of that briefing.
In his latest Coffee Break Briefing webinar, Frettens’ own Insolvency Guru Malcolm Niekirk looked at dealing with solvent liquidations with no tax clearance.
This is the summary of that briefing.
In this Coffee Break Briefing summary, Malcolm Niekirk looks at centrebinding and how it can be used to do something in a hurry before creditors approve your appointment.
In his latest Coffee Break Briefing webinar, Frettens own Insolvency Guru Malcolm Niekirk looked at Berkeley Applegate Orders and dealing with third party funds held by the insolvent.
In his latest Coffee Break Briefing webinar, Insolvency Partner and Specialist Malcolm Niekirk looked at these new proposals and broke down a potential timeline. This is the summary.
At our first annual Insolvency Conference, Insolvency Guru Malcolm Niekirk presented to more than fifty insolvency professionals on whether the Insolvency Act is fit for purpose.
In this summary of the presentation, Malcolm recaps on various areas of insolvency legislation, gives his personal rating on them and assesses whether the audience agreed!
In his latest Coffee Break Briefing webinar, Frettens own Insolvency Guru Malcolm Niekirk looked at post appointment supplies and what he thinks about the new statutory moratorium extension to protect the delivery of them.
This is the summary of that briefing.
In his latest Coffee Break Briefing webinar, Frettens own Insolvency Guru Malcolm Niekirk looked at agreeing creditor’s claims for the second time. This is the summary of that webinar.
In his latest Coffee Break Briefing webinar, Frettens’ own Insolvency Guru Malcolm Niekirk looked at agreeing creditor’s claims. This is the summary of that presentation.
Malcolm summarises his presentation from the Insolvency Conference 2023, where he looked back at Atlantic Computers and its enduring influence on insolvency practice.
In his latest Coffee Break Briefing webinar, Frettens’ own Insolvency Guru Malcolm Niekirk looked at tenants in liquidation and outlined the options for both landlord and liquidators.
This is the summary of that briefing.
In his latest coffee break briefing summary, Malcolm Niekirk looked at GDPR, SARs and business sales.
In March, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. Here, Malcolm looked at GDPR – SARs and business sales. You can read our summary here , or watch the webinar back below... If you would like to...
In January, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. Here, he provided advice for Insolvency Practitioners on dealing with creditors who claim Retention of Title. You can read our summary here , or watch the...
In February, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. Here, Malcolm outlined what fraud is and the risks of accusing someone of fraud. You can read our summary here , or watch the webinar back below... ...
In his latest Coffee Break Briefing webinar, Frettens own Insolvency Guru Malcolm Niekirk outlined what fraud is and the risks of accusing someone of fraud. This is the summary of that briefing.
In his latest Coffee Break Briefing webinar, Frettens own Insolvency Guru Malcolm Niekirk provided advice for Insolvency Practitioners on dealing with creditors who claim Retention of Title. This is the summary of that briefing.
In this latest Coffee Break Briefing summary article, Frettens own Insolvency Guru Malcolm Niekirk looks at receivables funding and how it works.
On Monday 12th December, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the webinar, Malcolm gave a refresher on administrations. You can read our summary here , or watch the webinar back below... If...
On Monday 14th November, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the webinar, Malcolm gave a refresher on administrations. You can read our summary here , or watch the webinar back below... If...
Malcolm discussed the different types of basis that you can set, and how to get approval from creditors, committee and Court.
On Monday 3rd October, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars.
In the webinar, Malcolm gave a refresher on administrations.
In his latest Coffee Break Briefing webinar, Frettens’ own Insolvency Guru Malcolm Niekirk gave a refresher on administrations and what can go wrong, particularly with the appointment itself.
In his latest Coffee Break Briefing webinar, Frettens’ own Insolvency Guru Malcolm Niekirk gave a refresher on GDPR for office holders and outlined the importance of compliance.
On Monday 12th September, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars.
In the webinar, Malcolm gave a refresher on GDPR for office holders.
Here is the recording of the webinar...
On Monday 8th August, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the webinar, Malcolm looked at MVLs and indemnities. Here is the recording of the webinar... If you would prefer to read the article, you can...
Malcolm looks at MVLs and indemnities to shareholders in this summary of his latest insolvency coffee break briefing.
Malcolm Niekirk gives a refresher on fixed charge receiverships, looking at what they are, when to use them and providing advice for insolvency practitioners.
On Monday 11th July, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the webinar, Malcolm looked at fixed charge receiverships. Here is the recording of the webinar... If you would prefer to read the article, you...
On Monday 9th May, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the webinar, Malcolm looked at mortgages, charges and debentures. Here is the recording of the webinar... If you would prefer to read the...
In his latest Coffee Break Briefing webinar, Frettens’ own Insolvency Guru Malcolm Niekirk looks at mortgages, charges and debentures.
In his latest Coffee Break Briefing webinar, Frettens’ own Insolvency Guru Malcolm Niekirk looked at leisure businesses.
This is the summary of that briefing where Malcolm discusses the issues that are affecting leisure businesses and what IPs need to consider when working with businesses in the sector.
Insolvency Guru Malcolm Niekirk looks at rent arbitrations and the opportunities for insolvency practitioners for IBR (independent business review) work.
Malcolm looks at a hot topic - Bounce Back Loans (BBL). Malcolm provided an overview of BBLs, looked at their status as unsecured and discusses some of the misuses and abuses of the loan.
We have recruited legal expert Rupert Wall into our esteemed Insolvency Team.
On Monday 13th November, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the webinar, Malcolm looked at Committees. He looked at working with committees, issues that committees deal with, how they are set up and ...
Malcolm looks at working with committees, issues that committees deal with, how they are set up and how members are elected.
Malcolm looks at pre-appointment liquidation sales as an alternative to administration pre-packs. He discusses a bit of insolvency history, the options for going concerns, the twilight zone, issues for IPs and directors and commercial issues.
On Monday 8th November, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the webinar, Malcolm looked at pre-appointment liquidation sales as an alternative to administration pre-packs. Here is the recording...
Insolvency Guru Malcolm Niekirk outlines how and why zombie litigation cases break the stay and discusses the role of third parties, Atlantic Computers and CPR 31.
Protection against winding-up petitions ended on September 30th. This has been replaced by a set of new rules, taking effect from October 1st. Malcolm Niekirk outlines the timeline of previous protections, and summarises what the 'new rules' are.
On Monday 13th September, Insolvency Guru Malcolm Niekirk held one of his popular Coffee Break Briefings , where he looked at transferring cash-at-bank before a liquidation starts - or 'FAQ 10' as it has been dubbed. The video...
Are you thinking of appointing an Independent Evaluator? You'll have some questions...
In this article, Insolvency Partner and Independent Evaluator Malcolm Niekirk discusses the process of evaluation, answering some FAQs.
In this summary article from his most recent Coffee Break Briefing, Malcolm looks at the controversial 'FAQ 10'; discussing how it came about, what the issues are with it and why it can be ignored.
On Monday 9th August, Malcolm Niekirk held one of his popular Coffee Break Briefings , where he looked at remuneration in administrations. The video recording from the free webinar is available below: If you would prefer to read the...
Malcolm discusses the relationship between your proposals, the basis for your remuneration, and the role of the committee
On Monday 12th July Insolvency Guru Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the free webinar, Malcolm looked at R3 Standard Form CVA Proposals and CVA Standard Conditions. This is the summary article following the briefing.
On Monday 12th July Insolvency Guru Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars. In the free webinar, Malcolm looked at R3 Standard Form CVA Proposals and CVA Standard Conditions. If you...
In this Coffee Break Briefing , Malcolm Niekirk looked at the sort of issues that an insolvency professional may have to deal with when advising a distressed music festival. He discusses the realisable assets that may be found in a music...
In his latest Coffee Break Briefing, Malcolm Niekirk looked at the sort of issues that an insolvency professional may have to deal with when advising a distressed music festival. He discusses the realisable assets that may be found in a music festival, the dependencies and the insolvency options. This is the summary article from that briefing, the dependencies and the insolvency options.
In this Coffee Break Brieifng, Insolvency Guru Malcolm Niekirk discusses 'taming your phoenix'. Looking at early sales to connected parties in administrations and the new regulations for pre-pack phoenix sales. If you would prefer to read...
In this comprehensive article, Insolvency Guru Malcolm Niekirk looks at s110 reconstructions, discussing what they are used for, what a typical transaction looks like and, each party's role and timescales, as well as pricing the work.
Malcolm looks at section 110 reconstructions, what they are used for, what a typical transaction looks like and, each party's role and timescales, as well as pricing the work.
How to tame your phoenix - New Regulations on phoenix sales Frettens’ resident Insolvency Guru, Malcolm Niekirk , delivered one of his popular monthly coffee break briefings to insolvency professionals on...
Insolvency Guru, Malcolm Niekirk looks at charitable organisations in regards to insolvency; following upcoming changes to cathedral measure. He discusses the process advising charities and cathedrals, and how it's different from advising commercial clients.
How are cathedrals protected from insolvency? Insolvency Guru, Malcolm Niekirk looks at charitable organisations in regards to insolvency; following upcoming changes to cathedral measure. He discusses the process advising charities and cathedrals, and how it's different from advising commercial clients.
Frettens' own Insolvency Guru Malcolm Niekirk looks at Claims against directors in this Coffee Break Briefing. He discusses misfeasance as an alternative to wrongful trading claims against directors, claims for transactions at an undervalue and for preferences.
Our Insolvency Guru, Malcolm Niekirk, answers questions posed by insolvency professionals dealing with MVLs who require a 'swear'. Malcolm describes how the swear works and how to book one.
Our Insolvency Guru, Malcolm Niekirk, answers questions posed by directors who are liquidating their companies (and need a ‘swear’ for an MVL). Malcolm described how to go about booking a swear and the fees involved.
Insolvency guru, Malcolm Niekirk looks at the relative merits of misfeasance and wrongful trading claims against directors.
In this Coffee Break Briefing, Insolvency Guru Malcolm Niekirk looks at the return of crown preference.
Frettens’ resident Insolvency Guru, Malcolm Niekirk, delivered one of his popular monthly coffee break briefings speaking about light touch administration protocol.
Malcolm Niekirk, Frettens' resident Insolvency Guru, looks at a technical aspect of insolvency law, and one that is sure to become more prevalent in the coming months.
The recent return of Crown Preference has implications for insolvency set off, which he addresses in this article.
Insolvency Guru, Malcolm Niekirk, looks at the lightweight insolvency protocols, examining the pros, cons, and alternatives. What is different about a light touch administration? When can you use one?
In this Coffee Break Briefing, Insolvency Guru Malcolm Niekirk looks at the new revenue and customs joint liability notices under schedule 13 of the finance act.
Frettens' resident insolvency guru, Malcolm Niekirk, takes a look at an emerging hot topic in insolvency and commercial property - the move to turnover rents.
Frettens' resident Insolvency Guru, Malcolm Niekirk, looks at whether CVAs are still viable now that crown preference has been reinstated.
Our resident insolvency guru, Malcolm Niekirk, looks at one of the potential consequences of the return of crown preference.
Who decides, when preferential creditors decide? In an administration, r18.18 IR’16 sets the procedure for setting the administrator’s remuneration. Firstly, if there is a committee, they decide (r18.18(2))....
Are company directors are always automatically banned from running another business with the same name? And is there a legal way to sidestep a section 216 ban?
Section 216 Insolvency Act 1986
