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Insolvency Law

Expert guidance on all aspects of corporate and personal insolvency

11 JAN 2012

Kapoor v (1) National Westminster Bank plc (2) Tan [2011] EWCA Civ 1083, [2011] BPIR 1680 (Court of Appeal, Pill and Etherton LJJ and Sir Mark Potter, 5 October 2011)

A company which was a connected creditor of K assigned part of its debt to an individual, C, as a mechanism designed to ensure that an Individual Voluntary Arrangement was accepted by K’s creditors. Another creditor of K, a bank, applied to revoke the approval of the IVA on the grounds that there was a material irregularity at or in relation to such meeting and or that the decision of the chairman to treat the claim of the individual as a claim not associated with K, be set aside.


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