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Malcolm Niekirk
    • Malcolm Niekirk

    • Insolvency and Restructuring Partner
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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 This has been replaced by a set of new rules, taking effect from October 1st.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.

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.

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...

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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