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Vol 21 No 10 Oct/Nov 2016

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Personal Insolvency Law


ISBN13: 9781847664860
Published: January 2014
Publisher: Bloomsbury Professional (Ireland)
Country of Publication: Ireland
Format: Paperback
Price: £133.00



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Personal Insolvency Law offers an in-depth analysis of the provisions of the (Irish) Personal Insolvency Act 2012 which were introduced to assist the increased number of people experiencing financial and economic difficulties.

This comprehensive guide to the Personal Insolvency Act sets out clearly the three newly-created debt resolution mechanisms: a Debt Relief Notice; a Debt Settlement Arrangement; and a Personal Insolvency Arrangement.

Highly practical in nature, it examines the qualifying criteria that debtors must meet in order to obtain the benefit of these debt resolution mechanisms and provides a detailed step-by-step guide to each of the processes. It also contains the complete collection of Forms required under the Act.

The key content covers:-

  • The role and responsibilities of the Personal Insolvency Practitioner;
  • The court procedures involved in each of the three debt resolution processes;
  • The role of the Insolvency Service of Ireland in administering these mechanisms;
  • The Reasonable Living Expenses guidelines;
  • A review of offences under the Act;
  • The amendments made to the Bankruptcy Act 1988.
Personal Insolvency Law is an ideal book for any practitioner working within this field, including Irish solicitors and barristers, tax consultants, accountants, auditors and financial institutions.

Subjects:
Irish Law
Contents:
Introduction to Personal Insolvency
Overview and Recent Developments
Types of Personal Insolvency
Creditor's Petition
Debtor's Petition
Compositions and Arrangements
E.U. Position and Insolvency Regulations
Recognition of foreign bankruptcies
Registration of foreign bankruptcies
Effect of registration
All documents required to be Appendixed
Process of Bankruptcy
In depth analysis of the process including Appendices of all documents required etc.
Step-by-step guideline to process
How do I make myself a Bankrupt?
Background to why this should be considered
Process involved
Implications
UK v Ireland: Difference between treatment in Ireland and UK
Trustee in Bankruptcy
process and rights over Irish situate assets of person adjudged bankrupt in the UK
COMI and benefits of changing same
Creditor's Position
Process open to Creditor
Recourse to Creditor
Protection to Creditor
Secured v's unsecured Creditor
Practical Implications of bankruptcy
Spouse/relatives of bankrupt
Other creditors
Bankrupt themselves
Salary of bankrupt
Assets of bankrupt
Pension of bankrupt
Interaction with family law proceedings
Family home
Special provisions in Bankruptcy Act
Rights of Spouse
Process
Court's Attitude
Official Assignee: Role of OA
Restrictions of OA
Discharge of Bankrupt: Process
Restrictions
Implications for future activities
Alternatives to Bankruptcy
Scheme of Arrangements.