Insolvency Litigation: A Practical Guide, 3rd Edition

Law › Bankruptcy / Insolvency › Litigation & Dispute Resolution

Insolvency Litigation: A Practical Guide, 3rd Edition

Edited by Adam Deacock · Josh Lewison
Sweet & Maxwell U.K. December 2021

Specifications

ISBN-13
9780414090491
Publisher
Sweet & Maxwell U.K.
Publication
December 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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

Table of Contents

  1. Introduction
  2. An Introduction to Court Procedure and Practice
  3. Statutory Demands
  4. Bankruptcy Petitions
  5. Winding-Up Petitions
  6. Applications to Court for an Administration Order
  7. Litigation by Office-Holders and Their Approach to Litigation
  8. How Can an Office-Holder Fund Litigation and Pay any Adverse Costs Orders?
  9. Limitation Periods in Insolvency Claims
  10. Cross-Border Issues
  11. Insolvency proceedings in the Caribbean
  12. Validation orders
  13. Enforcing the Duty to Co-Operate with the Office-Holder
  14. Challenging an Office-Holder
  15. Reviewable Transactions in Corporate Insolvency
  16. Reviewable Transactions in Bankruptcy
  17. Annulment of Bankruptcy
  18. The Matrimonial Home and Conflicts with Family Law
  19. Income Payment Agreements and Orders
  20. Suspension of Automatic Discharge from Bankruptcy
  21. Claims under Section 212 of the Insolvency Act and Misfeasance
  22. Fraudulent Trading and Wrongful Trading
  23. Overview to Corporate Restructuring 
  24. Challenges to a Voluntary Arrangement
  25. Applications to Restrain Presentation or Advertisement of a Winding-Up Petition
  26. Prohibited Names and Applications for Permission to Act
  27. Administrator's Application to Extend or End the Administration
  28. Litigating against Insolvent Entities
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