Insolvency Litigation: A Practical Guide

Insolvency Litigation provides practical guidance on the process of and issues relating to insolvency litigation.This title gives practical guidance to a number of markets in an accessible format on the niche area of litigation specific to insolvency proceedings.

Main features:-

• Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation
• Reviews the nature and process of creditor bankruptcy petitions and winding up petitions, statutory demands, defending a winding up petition and applications for administration orders
• 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