Recovery of Post-Petition Dispositions by Liquidators

Introduction

Section 127(1) of the Insolvency Act 1986 is a valuable weapon in a compulsory liquidator’s transaction avoidance arsenal.

However, unlike other comparative provisions it is silent as to how a liquidator can use it to recover assets for the benefit of creditors - as well as the potential defences available to recipients.

Over the last few years, these issues have been explored and clarified by the courts in a number of important cases.

This webinar will provide a detailed overview of those cases and practical guidance as to how to bring and defend claims.

What You Will Learn

This webinar will cover the following:

• What is (and is not) a disposition for the purposes of s.127 of the Insolvency Act 1986?
• What claims will a liquidator have against the recipient of a post-petition disposition?
• When will the court retrospectively validate a post-petition disposition?
• What other defences are available to a recipient of a post-petition disposition?
• What claims will a liquidator have against the director(s) of a company which made void dispositions?

This webinar was recorded on 9th October 2023