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Malcolm Niekirk
    • Malcolm Niekirk

    • Partner & Head of Insolvency & Restructuring
    • View profile
 

Is the Insolvency Act fit for purpose?

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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!

Post appointment supplies and Sections 233-233B of the Insolvency Act

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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.

How the courts expect insolvency practitioners to behave and make decisions

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Malcolm summarises his presentation from the Insolvency Conference 2023, where he looked back at Atlantic Computers and its enduring influence on insolvency practice.

GDPR - SARs and business sales

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In his latest coffee break briefing summary, Malcolm Niekirk looked at GDPR, SARs and business sales.

VIDEO: GDPR - SARs and Business Sales

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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...

VIDEO: Dealing with RoT claims

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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...

VIDEO: When is fraud actually fraud?

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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... ...

VIDEO: Receivables Financing

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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...

VIDEO: Bankruptcy Remuneration

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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...

Remuneration in bankruptcies

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Malcolm discussed the different types of basis that you can set, and how to get approval from creditors, committee and Court.

VIDEO: A refresher on administrations

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On Monday 3rd October, Malcolm Niekirk held one of his popular Coffee Break Briefing Webinars.

In the webinar, Malcolm gave a refresher on administrations.

VIDEO: GDPR Coffee Break Briefing

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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...

VIDEO: MVLs and indemnities

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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...

MVLs and indemnities to shareholders

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Malcolm looks at MVLs and indemnities to shareholders in this summary of his latest insolvency coffee break briefing.

Fixed charge receiverships - Advice for IPs

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Malcolm Niekirk gives a refresher on fixed charge receiverships, looking at what they are, when to use them and providing advice for insolvency practitioners.

VIDEO: Fixed charge receiverships

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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...

VIDEO: Mortgages, charges and debentures (Coffee Break Briefing)

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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...

Working with Leisure Businesses - Advice for Insolvency Practitioners

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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.

IPs - Understanding Rent Arbitrations

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Insolvency Guru Malcolm Niekirk looks at rent arbitrations and the opportunities for insolvency practitioners for IBR (independent business review) work.

Bounce Back Loans and some issues around them

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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.

Another new face joins Frettens

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We have recruited legal expert Rupert Wall into our esteemed Insolvency Team.

Coffee Break Briefing Video: An overview of committees and working with them

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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 ...

An overview of committees and working with them

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Malcolm looks at working with committees, issues that committees deal with, how they are set up and how members are elected.

Pre-Appointment Liquidation sales: An alternative to administration pre-packs?

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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.

Coffee Break Briefing Video: Pre-Appointment Liquidation sales

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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...

Zombie Litigation: How to survive the claims that simply will not die

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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.

Winding up petitions - the end of protection for struggling companies

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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.

Video: Bounce back loans and 'FAQ 10' - Coffee Break Briefing

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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...

Appointing an Independent Evaluator: Everything you need to know

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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.

What 'FAQ 10' is and why it can be ignored

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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.

Video: Remuneration in administration - Coffee Break Briefing recording

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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...

Remuneration in administrations

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Malcolm discusses the relationship between your proposals, the basis for your remuneration, and the role of the committee

Coffee Break Briefing Video: R3 Standard Form CVA Proposals and Standard Conditions

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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...

Music Festivals - How to give sound advice

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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...

Insolvency Professionals advising a distressed music festival

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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.

New pre-pack regulations: How to tame your phoenix

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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...

Section 110 reconstructions and MVLs

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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.

Section 110 Reconstructions and MVLs briefing

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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.

New regulations on pre pack phoenix sales

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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 professionals advising cathedrals and other charities

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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.

Insolvent cathedrals and charities

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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.

Claims against Directors: Wrongful trading or misfeasance?

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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.

Insolvency professionals dealing with MVLs

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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.

Getting an online swear for an MVL

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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.

Wrongful trading or misfeasance? Claims against directors

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Insolvency guru, Malcolm Niekirk looks at the relative merits of misfeasance and wrongful trading claims against directors.

Crown Preference and insolvency set off

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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.

Light Touch Administration Protocol

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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?

Schedule 13 FA'20 - directors liability for corporate

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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.

Company voluntary arrangements and turnover rents

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Frettens' resident insolvency guru, Malcolm Niekirk, takes a look at an emerging hot topic in insolvency and commercial property - the move to turnover rents.

Are CVAs still viable with crown preference?

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Frettens' resident Insolvency Guru, Malcolm Niekirk, looks at whether CVAs are still viable now that crown preference has been reinstated.

The adjournment trap. Crown preference returns.

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Our resident insolvency guru, Malcolm Niekirk, looks at one of the potential consequences of the return of crown preference.

Remuneration in administrations

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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))....

Section 216 director bans and reusing company names

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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

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