Recent content by Elliot Green

  1. Elliot Green

    preferred payment insolvency

    You might want to have a look at Re MC Bacon Ltd [1990] BCLC 324.
  2. Elliot Green

    Company Strike Off - Threatened legal action

    That approach does not appear to be fruitful with Bounce Back Loan cases, which is why there appear to be so many so-called Zombie companies floating about.
  3. Elliot Green

    Liquidation Enquiry - No Assets To Cover IP Fees

    Subject to realisations. If no realisations then no post appointment fees.
  4. Elliot Green

    BBL Lenders Writing Off Loans - Block Removed for Strike Off

    What is the source of your information?
  5. Elliot Green

    Liquidation Enquiry - No Assets To Cover IP Fees

    I have seen a few progress reports with pre appointment fees below £3k.
  6. Elliot Green

    Liquidation Enquiry - No Assets To Cover IP Fees

    I was responding to the first question about triggering a CVL when there are no assets. A £3k compulsory might not be cheaper than a CVL. Cheaper still could potentially be a compliant strike-off application, depending on the facts of a case.
  7. Elliot Green

    Company Strike Off - Threatened legal action

    An application for strike off can be made. It is conceivable that when notice of it is provided to the creditor taking proceedings, they will object to it, which could likely stall the strike-off process.
  8. Elliot Green

    preferred payment insolvency

    Key issue is a preference arises when it is a payment or benefit is given to a creditor who is put into a better position, subject to the company giving it, being influenced by a desire to give rise to that effect. (Section 239 of the Insolvency Act 1986)
  9. Elliot Green

    Liquidation Enquiry - No Assets To Cover IP Fees

    If there are no company assets then a director will need to arrange for payment of a CVL. CVLs can be cheaper than £5,000 in certain cases.
  10. Elliot Green

    Bad debt

    It is difficult to suggest the matter be pursued, but it is because people know or suspect matters will not be pursued that debts go unpaid and for much larger sums as well.
  11. Elliot Green

    Insolvency Act claims

    Leading Counsel discussing this on LinkedIn appears to challenge that perspective: Lance Ashworth KC Author KC specialising in Chancery, Commercial and Insolvency, both domestic and international 1w James Morgan KC it seems unlikely as in Farmizer the Court of Appeal said that the only...
  12. Elliot Green

    Insolvency Practitioners Duties Regarding Bounce Back Loan Abuse!

    If you look at the stats the number of criminal prosecutions by the government on business crime appears relatively low. Perhaps with a better budget there could be more.
  13. Elliot Green

    Spongebob Plan with corporation tax and director's loan account

    It seems to me if the company has not taken steps to write it off, then it is not written off and that appears key in Quillan.
  14. Elliot Green

    Closing Company

    If you want to close the company, then you might be able to use the DS01 procedure of strike off if you satisfy all its conditions.
  15. Elliot Green

    Spongebob Plan with corporation tax and director's loan account

    The act of strike-off does not appear to have the legal effect of write-off. That appears supported inter alia by Sections 1028(1) and 1032(1) of the Companies Act 2006. You also have the case of Quillan v HMRC, which appears at odds with the suggestion that strike off triggers write off. Why...
See more
Top Bottom
Community
Articles
Menu