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Insolvency Litigation: A Practical Guide 3rd ed

Edited by: Sarah McLennan, Adam Deacock

ISBN13: 9780414090491
Previous Edition ISBN: 9780414066366
To be Published: December 2021
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: £295.00




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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 providing an overview of corporate restructuring, 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

Subjects:
Insolvency Law
Contents:
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