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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Insolvency Litigation: A Practical Guide 3rd ed isbn 9780414090491

Insolvency Litigation: A Practical Guide 2nd ed

Edited by: Sarah McLennan, Adam Deacock

ISBN13: 9780414066366
New Edition ISBN: 9780414090491
Previous Edition ISBN: 9780414058392
Published: July 2018
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



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

Subjects:
Insolvency Law
Contents:
Introduction to insolvency litigation;
Court procedure and practice;
Statutory demands;
Bankruptcy petitions;
Winding up petitions;
Applications for administration orders;
Litigation by office-holders;
How can an office-holder fund litigation;
Limitation and insolvency litigation;
Cross-border issues;
Validation orders in corporate and personal insolvency;
Enforcement of the duty to co-operate with the office holder;
Challenging the acts and decisions of the officeholder and removal of the officeholder;
Reviewable transactions in corporate insolvency;
Reviewable transactions in bankruptcy;
Annulment of bankruptcy;
The matrimonial home and conflicts with family law;
Income payment agreements;
Orders suspending bankrupt’s date of discharge;
Misfeasance claims;
Fraudulent and wrongful trading;
Challenging voluntary arrangements;
Applications to restrain the presentation of a petition or advertisement of a petition;
Prohibited names and applications for permission to be a director of a company with a prohibited name;
Administrators application to end the administration