Blog - Debt Recovery, Restructuring & Insolvency

Debt Recovery, Restructuring & Insolvency

Insolvency Of A Developer And/or Property Owner; Can A Claim For Unjust Enrichment Be Sustained Against A Lender By The Contractor?

In instances where a property owner and/or developer is faced with insolvency proceedings, the developer risks being left with no way of recovering funds expended in the construction project especiall...

Debt Recovery, Restructuring & Insolvency

Restrictions On The Appointment Of An Administrator By Holders Of Floating Charges- Where There Are Competing Security Rights, Who Has Priority?

A guarantee is an undertaking to answer for the payment of another’s debt or the performance of another’s duty, liability or obligation. ...

Debt Recovery, Restructuring & Insolvency

Enforcement Of Guarantees; Is The Lender Obligated To Pursue The Principal Debtor First?

A guarantee is an undertaking to answer for the payment of another’s debt or the performance of another’s duty, liability or obligation. ...

Debt Recovery, Restructuring & Insolvency

Member’s Voluntary Liquidation Of Companies And Limited Liability Partnerships In Kenya.

Liquidation in simple language is simply closing down/ killing off or winding up a business. In legal speak, liquidation involves the process of collecting all the business’s property, converting th...

Debt Recovery, Restructuring & Insolvency

Implication Of Irregularities In The Distress For Rent Process; An Analysis Of Section 15 Of The Distress For Rent Act.

Distress for rent is the seizure of a tenant’s goods for failure to pay rent with a view of selling them to recover the outstanding rent arrears. The Distress for Rent Act as read with the Auctionee...

Debt Recovery, Restructuring & Insolvency

Of The Company, By The Administrator, For The Creditors" – A Commentary Of The High Court Rulings Dated 6th January 2023 In The Cytonn Administration Proceedings

Over the past few years, holders of debentures executed pre – 2015 have at the point of enforcing the same been met with the question –to appoint a receiver or an administrator? ...

Debt Recovery, Restructuring & Insolvency

To Appoint A Receiver Or An Administrator – The Conundrum With Debentures Executed Pre-2015;

Over the past few years, holders of debentures executed pre – 2015 have at the point of enforcing the same been met with the question –to appoint a receiver or an administrator? ...

Debt Recovery, Restructuring & Insolvency

Corporate Insolvency: Administration-death By A Thousand Cuts Or Corporate Rescue Measure?

An Administration Order can only be granted by the Insolvency Court once the conditions under Section 531 of the Insolvency Act are satisfied, to wit, a company is unable to pay its debts and if the o...

Debt Recovery, Restructuring & Insolvency

The Duties Of Directors In A Financially Distressed Or Insolvent Company In Kenya

As therein indicated, under section 143 of the Companies Act, a director must act in the way which he considers, in good faith, would be most likely to promote the success of the company for the benef...