The study found three types of annex action:
- clear annex actions
- clear non-annex actions, and
- actions with relevant uncertainty about their classification
The report sets out the categorisation in clear annex actions and clear non-annex actions. The last category, actions with relevant uncertainty about their classification, has been given ample thought by CERIL, with the following subjects considered:
- actions brought by the insolvency practitioner in relation to the assumption or the termination of executory contracts
- actions brought by an unsecured creditor against the debtor, also referred to as ‘action seeking a declaratory relief’,
- actions brought by secured creditors,
- actions concerning the return of property held by the debtor, and
- action brought by the reinstated debtor after the termination of insolvency proceedings.
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 19 April 2021 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.