Personal Insolvency: Law and Practice, 6th Edition

Author: Giles Maynard Connor QC; Michael Smith; Simon Hunter; Richard Bowles; Emma Knight; James Couser; Daria Gleyze
Publisher: LexisNexis U.K.
ISBN: 9781474320719

Previous Edition ISBN: 9781405750806
Published In: June 2022
Format: Hardback
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

This edition offers a full treatment of the law and procedure of bankruptcy and personal insolvency. This popular title offers authoritative and practical guidance on everything lawyers or insolvency practitioners practising in the field are likely to need in their day-to-day work.

The sixth edition has been fully updated to cover recent developments and case law, including the relevant changes brought about by Brexit and the COVID-19 pandemic.

What's new:

The new Breathing Space and Mental Health Crisis Moratorium
The return of Crown preference debts. Following the removal of Crown preference in 2003, some revenue liabilities are now, once again, preferential in insolvencies
The recast Practice Direction in Insolvency Proceedings. The new PDIP is extensively different from its predecessor
A large number of new cases. Significant examples include:
- Bell v Ide;
- Re Nimat Foods Ltd and Re Rochay Productions Ltd;
- Re Munikwa on modifications to IVAs;
- Yang v Official Receiver on the different circumstances in which it is appropriate to rescind or annul a bankruptcy order;
- Yang v Official Receiver;
- Ardawa v Uppal;
- Barker v Baxendale-Walker;
- Leopard v Robinson on the trustee in bankruptcy continuing a bankrupt’s business;
- Re Mascall;
- Lehman Brothers Australia Ltd (in liquidation) v MacNamara on the basis of the rule in ex parte James;
- JSC BTA Bank v Ablyazov on the relevant test for whether a transaction was a transaction defrauding creditors;
- Manolete Partners plc v Hayward & Barrett Holdings;
- Bundeszentralamt für Steuern v Heis;
- Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd, a consideration by the Supreme Court of insolvency set off.

Individual insolvency regimes, bankruptcy courts and officials;
Insolvency practitioners;
Practice and procedure in insolvency proceedings;
The EC Insolvency Regulation;
The Cross-Border Insolvency Regulations 2006;

Part 2:
Voluntary arrangements and compositions outside bankruptcy;
Individual voluntary arrangements; Deeds of arrangement;

Part 3:
Bankruptcy;
Bankruptcy petitions;
Bankruptcy orders;
Effect of bankruptcy on the bankrupt's capacity;
Bankruptcy restrictions orders;
Discharge from bankruptcy;
Trustee in bankruptcy;
The bankrupt's estate;
The bankrupt's home;
Protection of the bankrupt's estate;
Investigation of the bankrupt's affairs;
Administration of the estate;
Effect of bankruptcy on litigation and arbitration;
Adjustment of prior transactions; Transactions defrauding creditors;
Proof of debts; Distribution of bankrupt's estate;
Bankruptcy offences;

Part 4:
Administration orders and other debt management arrangements;
Administration orders;
New debt management arrangements

By Stephen Schaw Miller, MA, Barrister; and His Honour Judge Edward Bailey, MA, LLB