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Insolvency Litigation: A Practical Guide

Insolvency Litigation: A Practical Guide
2nd Edition
Practice Area:  Commercial Law
ISBN:  9780414083554
Published by:  Sweet & Maxwell
Publication Date:  04 Nov 2020
Format:  eBook - ProView
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PRODUCT DESCRIPTION

Insolvency Litigation: A Practical Guide 2nd Edition provides a comprehensive commentary on the process, procedure and issues faced by practitioners conducting insolvency related litigation. Fully updated to reflect the widespread changes of the Insolvency Rules 2016, and the new Practice Direction on Insolvency Proceedings, this title offers specific practical guidance to the most important court applications on this specialist area of insolvency practice.

Main features include:

  • Focused coverage of the mechanics of litigation in insolvency proceedings
  • Completely updated in line with the new Insolvency Rules 2016
  • Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation
  • 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
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