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Personal Insolvency
Personal Insolvency
A Practical Guide
4th Edition
Practice Area:  Insolvency
ISBN:  9780414022690
Published by:  Sweet & Maxwell
Publication Date:  25 Sep 2012
Format:  Hardback
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PRODUCT DESCRIPTION
The new 4th edition:
  • Explains the legal framework of personal insolvency, dealing with bankruptcy, individual voluntary arrangements (IVAs) and other procedures
  • Looks at different types of personal insolvency
  • Considers the roles of the official receiver and the trustee
  • Covers issues relating to insolvent partnerships
  • Examines realisation of assets, from business assets and the matrimonial home to exempt asses and pensions
  • Deals with creditors’ claims, bankruptcy costs and protection of creditors
  • Reviews the position of the bankrupt, including disabilities, offences and discharge
  • Takes into account death and the insolvent estate
  • Goes through closing procedures, releases from office and costs
  • Includes coverage of Scotland, Northern Ireland, the Republic of Ireland and Channel Islands
  • Sets out a selection of forms and precedents
  • Reproduces key parts of legislation
  • Fully updated to reflect amendments by the Insolvency (Amendment) Rules 2012
  • There will be new chapters dealing with such matters such as:
    • Cross-border insolvency;
    • New rules in relation to discharge from bankruptcy and Bankruptcy Restriction Orders and Undertakings;
    • Regulatory aspects for insolvency practitioners and solicitors;
  • Detailed coverage of the Enterprise Act 2002 and the changes from the new Insolvency Rules as applicable to personal insolvency
  • Offers detailed explanation of the legal framework of personal insolvency, dealing with bankruptcy, individual voluntary arrangements and other procedures
  • Contains a number of precedents relating to personal insolvency law
  • Includesexpert commentary across all variations of personal insolvency including realisation of assets, creditors’ claims
  • Contains references to the Statements of Insolvency Practice (SIP) precedents and practice directions
  • Updated to include the latest amendments to the Insolvency Act 1986 and; 
    • the Insolvency (Amendment) Rules 2012
    • the Enterprise Act 2002
    • the EC Regulation on Insolvency Proceedings, and the Cross-border Insolvency Regulations and the UNCITRAL Model Law
CONTENTS
  1. Types of Personal Insolvency
  2. The Bankruptcy Petition
  3. The Bankruptcy Order
  4. The Official Receiver
  5. Licencing and Regulation
  6. The Trustee
  7. The Bankrupt
  8. Realisation of Assets
  9. Creditors’ Claims and Bankruptcy Costs
  10. Protection of Creditors
  11. Voluntary Arrangements
  12. Death and the Insolvent Estate
  13. Insolvent Partnerships
  14. Closing Procedures, Release and Costs
  15. Cross Border Problems
  16. Scotland
  17. Northern Ireland
  18. Republic of Ireland
  19. Jersey
  20. Guernsey


CONTRIBUTOR INFORMATION
Richard Floyd has been an insolvency practitioner since licensing came in 1986 and before that had substantial experience in dealing with insolvency matters. He has acted as Trustee in Bankruptcy in many cases, Supervisor of voluntary arrangements and also as liquidator, administrator and receiver.

Frank Brumby is a solicitor and licensed insolvency practitioner (non appointment taking) providing professional legal advice in all aspects of corporate and personal insolvency, bank recovery, property and commercial litigation. A regular speaker at national conferences.

Simon Knight has specialised in insolvency since 2005 and is a licensed insolvency practitioner. He has broad experience in all types of formal and informal insolvency processes.
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