Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK
This study analyses and discusses the interaction of the key elements contributing to the current use of the Company Voluntary Arrangement (CVA) and the role it plays as part of the rescue culture. The areas discussed include potential issues with the current statutory and regulatory framework; the...
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| Format: | Thesis (University of Nottingham only) |
| Language: | English |
| Published: |
2022
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| Online Access: | https://eprints.nottingham.ac.uk/68494/ |
| _version_ | 1848800493363527680 |
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| author | Morgan, Susan |
| author_facet | Morgan, Susan |
| author_sort | Morgan, Susan |
| building | Nottingham Research Data Repository |
| collection | Online Access |
| description | This study analyses and discusses the interaction of the key elements contributing to the current use of the Company Voluntary Arrangement (CVA) and the role it plays as part of the rescue culture. The areas discussed include potential issues with the current statutory and regulatory framework; the role of the Insolvency Practitioner; the control exercised by the different classes of creditors; and the impact of company characteristics on the use of the CVA.
The CVA is the only UK insolvency procedure that encourages a ‘debtor in possession’ solution while also remaining flexible enough to be used for ‘distributions’ and ‘managed wind-ups’. A distribution CVA is invariably used in conjunction with other insolvency procedures, while managed wind-ups frequently replace the use of a formal liquidation procedure, particularly where the business is not being sold as a going concern. The data from the longitudinal study is used to focus on the perceived impediments to the routine use of the CVA as a first choice option for business rescue.
The study discusses the rescue ideology and external influences on the statutory framework10 together with the wider rescue outcomes post the legal outcome of a completed CVA. This broader discussion includes the impact of the use of the ‘pre-pack'. |
| first_indexed | 2025-11-14T20:52:26Z |
| format | Thesis (University of Nottingham only) |
| id | nottingham-68494 |
| institution | University of Nottingham Malaysia Campus |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T20:52:26Z |
| publishDate | 2022 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | nottingham-684942024-01-25T15:29:27Z https://eprints.nottingham.ac.uk/68494/ Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK Morgan, Susan This study analyses and discusses the interaction of the key elements contributing to the current use of the Company Voluntary Arrangement (CVA) and the role it plays as part of the rescue culture. The areas discussed include potential issues with the current statutory and regulatory framework; the role of the Insolvency Practitioner; the control exercised by the different classes of creditors; and the impact of company characteristics on the use of the CVA. The CVA is the only UK insolvency procedure that encourages a ‘debtor in possession’ solution while also remaining flexible enough to be used for ‘distributions’ and ‘managed wind-ups’. A distribution CVA is invariably used in conjunction with other insolvency procedures, while managed wind-ups frequently replace the use of a formal liquidation procedure, particularly where the business is not being sold as a going concern. The data from the longitudinal study is used to focus on the perceived impediments to the routine use of the CVA as a first choice option for business rescue. The study discusses the rescue ideology and external influences on the statutory framework10 together with the wider rescue outcomes post the legal outcome of a completed CVA. This broader discussion includes the impact of the use of the ‘pre-pack'. 2022-07-27 Thesis (University of Nottingham only) NonPeerReviewed application/pdf en cc_by https://eprints.nottingham.ac.uk/68494/1/Sue%20Morgan%20Thesis%20FINAL%20with%20corrections%20%28Feb%202022%29.pdf Morgan, Susan (2022) Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK. PhD thesis, University of Nottingham. Company Voluntary Arrangement. CVA Business Rescue Insolvency Solutions insolvency |
| spellingShingle | Company Voluntary Arrangement. CVA Business Rescue Insolvency Solutions insolvency Morgan, Susan Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK |
| title | Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK |
| title_full | Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK |
| title_fullStr | Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK |
| title_full_unstemmed | Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK |
| title_short | Rescuing companies or their creditors: Understanding the role of the CVA as a rescue procedure in the UK |
| title_sort | rescuing companies or their creditors: understanding the role of the cva as a rescue procedure in the uk |
| topic | Company Voluntary Arrangement. CVA Business Rescue Insolvency Solutions insolvency |
| url | https://eprints.nottingham.ac.uk/68494/ |