Insolvency Litigation: A Practical Guide 3rd Edition provides a comprehensive commentary on the process, procedure and issues faced by practitioners conducting insolvency related litigation. This title offers specific practical guidance to the most important court applications on this specialist area of insolvency practice, including;
- Focused coverage of the mechanics of litigation in insolvency proceedings
- Completely updated in line with the Insolvency Rules 2016 as amended and after the Corporate Insolvency and Governance Act 2020
- Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation
- Two new chapters – one explaining the structure of CVAs, the other providing an overview of insolvency litigation in the Caribbean (Cayman Islands, Bermuda, and the BVI)
- 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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