Bankruptcy / Insolvency

Individual Voluntary Arrangements

Edited by Paul French · Giles Frampton · Jonathan Middleton · Stephen Lawson
LexisNexis U.K. (S)

Specifications

ISBN-13
9780853085225
Publisher
LexisNexis U.K. (S)
Format
Loose-leaf
Jurisdiction
U.K. ? Countri(es) for reference only

Details

For all those advising insolvency practitioners, creditors or debtors whether during the preparation of an IVA or after its approval


Due to the current economic climate the regulation of Insolvency Practitioners conducting Individual Voluntary Arrangements has become an important topic.
Official statistics show that individual voluntary arrangements are on the increase. As a result it is essential that Insolvency Practitioners and those advising them keep up-to-date and informed.

This clear, authoritative guide has become an essential reference tool for Insolvency Practitioners and lawyers advising Insolvency Practitioners, creditors or debtors during the preparation of an IVA or after its approval.

Written by a team of experts in the field, the loose-leaf format with regular updating ensures that you are always kept fully informed of the relevant case law and changes to practice and procedure. All the latest developments are examined in detail and invaluable, practical guidance is provided to navigate you through this complex area of law.

The work inculdes a CD-ROM, containing professionally drafted, up-to-date precedents and specimen IVA proposals, all in Microsoft Word format. Stripped of annotation and ready for individual adaptation, this alone will save hours of drafting time.
3 updates per year (approx. HKD 2,145 each)

Table of Contents

  • Introduction
  • Formation
  • Partnerships
  • The Proposal - General Considerations
  • The IVA Protocol
  • Trading
  • Particular Assets and Liabilities
  • Real Property
  • Standard Conditions
  • Proceedings for the Interim Order
  • Non-Interim Order Procedure
  • Role of Nominee and Nominee's Report
  • Giving and Receiving Notice of Creditors' Meeting
  • Creditors' Meeting
  • Effect of Approval
  • Challenge of the Meeting's Decision and Rule 5.22 Appeals
  • Implementation and Supervision of the Arrangement
  • Liability of Office Holder
  • Appointment and Removal of Office Holder
  • Default and Failure
  • Special Considerations where Debtor is Undischarged Bankrupt
  • The Enterprise Act 2002 - Fast-Track Procedure
  • Annulment of Bankruptcy Orders
  • Effect of Bankruptcy Proceedings
  • Matrimonial Considerations
  • Taxation Issues
  • Debt Avoidance and Antecedent
  • Foreign Considerations
  • Precedents
  • Legislation
  • Procedural Guidance

About the Author

GENERAL EDITOR:
Paul French, Barrister, Guildhall Chambers, Bristol

EDITORS:
Giles Frampton
, Licensed Insolvency Practitioner, Partner, Richard J Smith & Co
Jonathan Middleton, Solicitor

CONSULTANT EDITOR:
Stephen A Lawson, Partner, Michelmores Solicitors, Exeter and London


Paul French is a barrister who specialises in personal insolvency and is a joint editor of Bankruptcy and Personal Insolvency Reports (Jordans). Chambers and Partners 2010 describes him as a 'brilliant barrister with an encyclopaedic knowledge of complex personal insolvency law'.

Giles Frampton is an Insolvency Practitioner with day-to-day knowledge of how Individual Voluntary Arrangements work in practice, is a member of the Insolvency Rules Committee and Chairman of the General Technical Committee R3.

Jonathan Middleton, who has recently joined the team, is a qualified solicitor and sits as one of the Deputy Registrars in the Bankruptcy Court as well as the Companies Court in London. Jonathan is also a joint editor of Bankruptcy and Personal Insolvency Reports (Jordans).

Stephen A Lawson, is the founding editor, and now Consultant Editor of Individual Voluntary Arrangements. He is the only Insolvency Practitioner in the country afforded Senior Statesman status and has been dubbed 'one of the country's leading practitioners for IVAs' (Chambers & Partners 2007).

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