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Insolvency Litigation: A Practical Guide

Insolvency Litigation: A Practical Guide
3rd Edition
Practice Area:  Insolvency, Litigation
ISBN:  9780414090491
Published by:  Sweet & Maxwell
General Editors:Adam Deacock; Josh Lewison
Publication Date:  15 Dec 2021
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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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  • Introduction
  • An Introduction to Court Procedure and Practice
  • Statutory Demands
  • Bankruptcy Petitions
  • Winding-Up Petitions
  • Applications to Court for an Administration Order
  • Litigation by Office-Holders and Their Approach to Litigation
  • How Can an Office-Holder Fund Litigation and Pay any Adverse Costs Orders?
  • Limitation Periods in Insolvency Claims
  • Cross-Border Issues
  • Insolvency proceedings in the Caribbean
  • Validation orders
  • Enforcing the Duty to Co-Operate with the Office-Holder
  • Challenging an Office-Holder
  • Reviewable Transactions in Corporate Insolvency
  • Reviewable Transactions in Bankruptcy
  • Annulment of Bankruptcy
  • The Matrimonial Home and Conflicts with Family Law
  • Income Payment Agreements and Orders
  • Suspension of Automatic Discharge from Bankruptcy
  • Claims under Section 212 of the Insolvency Act and Misfeasance
  • Fraudulent Trading and Wrongful Trading
  • Overview to Corporate Restructuring 
  • Challenges to a Voluntary Arrangement
  • Applications to Restrain Presentation or Advertisement of a Winding-Up Petition
  • Prohibited Names and Applications for Permission to Act
  • Administrator's Application to Extend or End the Administration
  • Litigating against Insolvent Entities


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