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Bankruptcy and Divorce

Bankruptcy and Divorce A Practical Guide for the Family Lawyer

Author: Matthew Barker; Simon Calhaem; Jonathan Middleton; Gareth Schofield
Publisher: Family Law LexisNexis
ISBN: 9781846612060
Published In: March 2010
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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).

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

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

"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