Insolvency Litigation: A Practical Guide, 2nd Ed

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 Insolvency Litigation: A Practical Guide, 2nd Ed

Author Sarah McLennan, Adam Deacock
Publication Date July 2018
ISBN 9780414066366
Format
Hardcover 
Publisher Sweet & Maxwell


The second edition of Insolvency Litigation: A Practical Guide includes a complete commentary on the method, procedure, and difficulties faced by practitioners involved in insolvency-related litigation. This product has been fully revised to reflect the Insolvency Rules 2016, as well as the new Practice Direction on Insolvency Proceedings. It provides precise practical assistance to the most essential court applications in this specialty field of insolvency practise.

Main features include of Insolvency Litigation: A Practical Guide:
  • The mechanics of litigation in insolvency procedures are covered in depth.
  • Completely revised in accordance with the 2016 Insolvency Rules.
  • Provides thorough information on court practise and procedure, as well as the legal principles that apply to insolvency cases.
  • Litigation against an insolvent defendant, limitation, expenses, and funding difficulties, litigation by office holders and their attitude to litigation, and the types of applications that emerge in insolvency cases are all covered in detail.
  • This document summarises the difficulties surrounding cross-border insolvency.
  • Deals with questioning the officeholder's actions and choices, as well as their removal.
  • Considers motions to set aside transactions under the Insolvency Act 1986 in both corporate insolvency and bankruptcy, as well as enforcing the responsibility to cooperate with the officeholder, illegal and fraudulent trade, and misfeasance.
  • Covers concerns and applications relating to personal insolvency litigation, such as the matrimonial home and disputes with family law, annulment, income payment orders, and motions to delay a bankrupt's discharge date.
  • Examines the method and character of several sorts of corporate insolvency applications, such as applications for permission to be a director of a business with a forbidden name, validation orders, and applications to stop the administration.

TABLE OF CONTENTS of Insolvency Litigation: A Practical Guide

-Introduction to insolvency litigation;
-Court procedure and practice;
-Statutory demands;
-Bankruptcy petitions;
-Winding up petitions;
-Applications for administration orders;
-Litigation by office-holders;
-How can an office-holder fund litigation;
-Limitation and insolvency litigation;
-Cross-border issues;
-Validation orders in corporate and personal insolvency;
-Enforcement of the duty to co-operate with the office holder;
-Challenging the acts and decisions of the officeholder and removal of the officeholder;
-Reviewable transactions in corporate insolvency;
-Reviewable transactions in bankruptcy;
-Annulment of bankruptcy;
-The matrimonial home and conflicts with family law;
-Income payment agreements;
-Orders suspending bankrupt’s date of discharge;
-Misfeasance claims;
-Fraudulent and wrongful trading;
-Challenging voluntary arrangements;
-Applications to restrain the presentation of a petition or advertisement of a petition;
-Prohibited names and applications for permission to be a director of a company with a prohibited name;
-Administrators application to end the administration

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