Bankruptcy and Divorce: A Practical Guide for the Family Lawyer

Family Law

Bankruptcy and Divorce A Practical Guide for the Family Lawyer

Edited by Matthew Barker · Simon Calhaem · Jonathan Middleton · Gareth Schofield
Family Law LexisNexis March 2010

Specifications

ISBN-13
9781846612060
Publisher
Family Law LexisNexis
Publication
March 2010
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This succinct guide explains the impact on ancillary relief of bankruptcy and personal insolvency.


Family breakdown is often accompanied by financial problems, even insolvency. But to many family lawyers, bankruptcy and personal insolvency and their impact on ancillary relief are unfamiliar territory.

Bankruptcy and Divorce: A Practical Guide for the Family Lawyer explains succinctly and clearly the underlying law, highlights the danger areas for family lawyers and offers problem-solving advice.  This new edition revises and re-structures the previous title Debt and Insolvency on Family Breakdown and takes into account all recent changes in case law (egHill v Haines; Ball v Jones).

Table of Contents

  • Practical Considerations
  • Bankruptcy and Individual Voluntary Arrangements
  • Assets Vesting in the Trustee
  • Ownership of the Family Home
  • Realisation of the Family Home
  • Ancillary Relief and Bankruptcy
  • Debts

Appendices
  • Flowcharts
  • Declaration of Solvency
  • Questionnaire pursuant to Family Proceedings Rules 1991, r 2.61B(7)(c)
  • Insolvency Act 1986
  • Matrimonial Causes Act 1973
  • Insolvency Rules 1986
  • Insolvency Service Offices

About the Author

Matthew Barker, Insolvency Partner, Clarke Willmott LLP, Southampton and a Licensed Insolvency Practitioner 
Simon Calhaem, Barrister, 29 Bedford Row Chambers, London 
Jonathan Middleton, Solicitor, Deputy Registrar in Bankruptcy 
Gareth Schofield, Family Partner, Clarke Willmott LLP, Bristol

Reviews

"an extremely helpful guide for practitioners negotiating this minefield ... Practical and easy to read ... Elegant and concise, it will be a welcome edition to the shelves of all conscientious practitioners"
New Law Journal

"an invaluable book that no ancillary relief specialist should be without ... The bankruptcy sections provide a welcome update for those who have long awaited the second edition of this book"
Family Law

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