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Insolvency Litigation: A Practical Guide
Insolvency Litigation: A Practical Guide
Practice Area:  Commercial Law
ISBN:  9780414058392
Published by:  Sweet & Maxwell
Publication Date:  21 Oct 2016
Format:  Hardback
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Insolvency Litigation: A Practical Guide provides a comprehensive commentary on the process, procedure and issues faced by practitioners in insolvency litigation.This new title uses a clear and accessible format to provide specific practical guidance to the main court applications on the area of litigation within insolvency proceedings.

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Main features:

  • Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation 
  • Reviews the nature and process of creditor bankruptcy petitions and winding up petitions, statutory demands, defending a winding up petition and applications for administration orders
  • Offers detailed guidance to different aspects of litigation, including litigation against an insolvent defendant, limitation, costs and funding issues, litigation by office holders and their approach to litigation and the types of application that arise in insolvency cases 
  • Summarises the issues relevant to cross-border insolvency 
  • Deals with challenging the acts and decisions of the officeholder and their removal 
  • Considers applications to set aside transactions under the Insolvency Act 1986 in the context of both corporate insolvency and bankruptcy, enforcing the duty to cooperate with the officeholder, wrongful and fraudulent trading and misfeasance 
  • Covers personal insolvency litigation issues and applications such as the matrimonial home and conflicts with family law, annulment, income payment orders and applications to suspend a bankrupt’s date of discharge 
  • Looks at the process and nature of different types of applications in corporate insolvency such as applications for permission to be a director of a company with a prohibited name, validation orders and  applications to end the administration

Sarah McLennan is an editor at Practical Law, previously at Faegre Baker Daniels LLP where she specialised in contentious insolvency litigation, acting for a variety of insolvency practitioners and creditors on contentious insolvency matters.

Adam Deacock has been recommended by Legal 500 and Chambers UK as a leading insolvency barrister for a number of years and has extensive experience in all aspects of corporate insolvency and associated recovery. He is acting as an editor on this title, leading a number of prestigious contributors at Radcliffe Chambers.

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