REUTERS/Jo Yong-Hak
NEW 4TH EDITION
PERSONAL INSOLVENCY: A PRACTICAL GUIDE Richard Floyd, Frank Brumby and Simon Knight
SWEET & MAXWELL
NEW 4TH EDITION
PERSONAL INSOLVENCY: A PRACTICAL GUIDE Richard Floyd, Frank Brumby and Simon Knight
This new fourth edition presents a detailed explanation of the legal framework of personal insolvency, with expert commentary and practical guidance on current insolvency law across all variations of personal insolvency.
COVERAGE
KEY UPDATES FOR THE 4TH EDITION
CONTENTS
APPENDICES:
ABOUT THE AUTHORS
• Deals with all major facets of personal insolvency law including bankruptcy, individual voluntary arrangements (IVAs) and procedures such as debt management
The new edition has been fully updated to reflect the Insolvency (Amendment) Rules 2012 and also references the Statements of Insolvency Practice (SIP) precedents and practice directions.
• Types of Personal Insolvency
• Schedule 4ZA Part 1 and 2
• The Bankruptcy Petition
• Art 3 of the EC Reg
• The Bankruptcy Order
• List of County Courts with bankruptcy jurisdiction
• Considers the roles of the Official Receiver and the trustee
You will find detailed coverage of the insolvency provisions of the Enterprise Act 2002 and the changes from the new Insolvency Rules as applicable to personal insolvency. Also featured are relevant parts of the Enterprise Act 2002, the EC Regulation on Insolvency Proceedings, and the Cross-border Insolvency Regulations and the UNCITRAL Model Law.
• Licensing and Regulation
Richard Floyd has been an insolvency practitioner since licensing began in 1986 and before that had substantial experience in dealing with insolvency matters. He has acted as Trustee in Bankruptcy in many cases, Supervisor of voluntary arrangements and also as liquidator, administrator and receiver.
BRAND NEW CHAPTERS
• Insolvent Partnerships
In addition there are several brand new chapters dealing with areas including:
• Closing Procedures, Release and Costs
• Cross-border insolvency
• Scotland
• New rules in relation to discharge from bankruptcy and Bankruptcy Restriction Orders and Undertakings
• Northern Ireland
• Covers issues relating to insolvent partnerships • Examines realisation of assets, from business assets and the matrimonial home to exempt assets and pensions • Deals with creditors’ claims, bankruptcy costs and protection of creditors • Reviews the position of the bankrupt, including disabilities, offences and discharge • Takes into account death and the insolvent estate • Goes through closing procedure and costs • Includes coverage of Scotland, Northern Ireland, the Republic of Ireland and Channel Islands • Sets out a selection of forms and precedents • Explains key parts of legislation
• Regulatory aspects for insolvency lawyers and solicitors • New debt management procedures
• The Official Receiver • The Trustee • The Bankrupt • Realisation of Assets • Creditors’ Claims and Bankruptcy Costs • Protection of Creditors • Voluntary Arrangements • Death and the Insolvent Estate
• Cross Border Problems
• Republic of Ireland • Jersey • Guernsey
• Relevant extracts from PDIP relating to personal insolvency • Grounds of objection to bankruptcy petition • Notice of Intention to Appear • Certificate of Continuing Debt • Notice of Adjournment and certificate • List of SIPs • Rule 6.78A of the Insolvency Rules 1986 • Effects of BRO • Annulment application • Annulment Order • Application by trustee for sale of matrimonial home
Frank Brumby is a solicitor and licensed insolvency practitioner (non appointment taking) providing professional legal advice in all aspects of corporate and personal insolvency, bank recovery, property and commercial litigation. He is also a regular speaker at national conferences on the subject. Simon Knight has specialised in insolvency since 2005 and is a licensed insolvency practitioner. He has broad experience in all types of formal and informal insolvency processes.
• Notice to bankrupt of application for income payments order • Order for income under s310 (3)(a) • Order for income under s310 (3)(b) • Consent to Amendment of Proof of Debt form • Notice of Dividend • Meaning of “associate” • IVA proposals • Nominee’s report • Statement of affairs • Notice to nominee and nominee’s consent to act • Notice of creditor’s meeting • Proxy form • Statement of deceased’s affairs (12.25) • List of EU Member States
July 2012 Hardback ISBN: 9780414022690 £180 / €229
Complete in BLOCK CAPITALS and BLACK INK
2ND EDITION
PLEASE SEND ME THE FOLLOWING: Qty Title
Price
9780414022690
£180 / € 229
Louis Doyle
Insolvency Litigation
9780414047907
£190 / € 242
•
Systematically goes through the formalities and court practice
•
Looks at the entitlements of office holders to remuneration, costs and expenses, as well as consideration of costs orders in insolvency proceedings
•
Deals with misfeasance proceedings , including who may bring them and who may be liable
•
Covers fraudulent and wrongful trading, with coverage of the practical considerations and definitions
•
Considers three types of transactions which may be challenged on an application to court by a liquidator or administrator: transactionsat-undervalue, preferences and transactions defrauding creditors
•
Examines set-off, first by explaining the principles then by looking at it in the context of summary judgment, receivership, administration, bankruptcy and insolvency, and voluntary arrangements
•
Reviews the assertion of liens in formal insolvency proceedings
•
Assesses the legal basis upon which an applicant, including a shareholder, might seek a winding-up petition
•
Sets out the basis under which the court will exercise its powers to order officers of a company and other persons to provide information about its business, assets and affairs to an office-holder
•
Summaries the basic principles relevant to international or cross-border insolvency
•
Provides analysis of the relevant case law and statutes
Order Source No.: 0774101A
Delivery
INSOLVENCY LITIGATION
ISBN
Personal Insolvency: A practical Guide
Total:
Delivery charges are not made for titles supplied to mainland UK. Non-mainland UK please add £4/€5 per delivery. Europe – please add £10/€13 for first item, £2.50/€3 for each additional item. Rest of World – please add £30/€38 for first item, £15/€19 for each additional item.
PERSONAL / ORGANISATIONAL DETAILS Title:
First Name:
Surname: Job Title: Firm/Organisation: Address: Postcode:
Country:
Telephone: Fax: Email address:
PAYMENT OPTIONS Using my Account No.: Please charge my credit card:
PO No.: American Express
Visa
Mastercard
Switch/Maestro
| | | | | | | | | | | | | | | | | | | | | | | | | | D | M | M | Y | Y |Expiry Date: | D | D | M | M | Y | Y | Issue No. (Switch/Maestro only): | | | | Card No.:
Start Date:
D
Card Billing Address: (if different from above)
Postcode:
Country:
I enclose a cheque payable to Thomson Reuters All goods are subject to our 30 day Satisfaction Guarantee (applicable to EU customers only). All orders are accepted subject to the terms of this order form, our Terms of Trading (see www.sweetandmaxwell.co.uk) and relevant Service Terms (with the product if not already supplied to customer). By submitting this order form I confirm that I accept these terms and I am authorised to sign on behalf of the customer.
Signature: Date:
| D | D | M| M | Y | Y
Print name: Our VAT No. is GB 900 5487 43 and our Irish VAT No. is IE 9513874E. For customers in an EU member state (except UK & Ireland) please supply your VAT number:
HOW TO PLACE YOUR ORDER Please quote Order Source No. (above) ONLINE www.sweetandmaxwell.co.uk EMAIL TRLUKI.orders@thomsonreuters.com (UK) TRLUKI.INTLorders@thomsonreuters. com (International)
Thomson Reuters (Professional) UK Limited – Legal Business (Company No. 1679046). 100 Avenue Road, Swiss Cottage, London NW3 3PF. Registered in England and Wales. Registered office: Aldgate House, 33 Aldgate High Street, London EC3N 1DL. Trades using various trading names, a list of which is posted on its website at sweetandmaxwell.co.uk Thomson Reuters (Professional) UK Limited is a registered data controller under number Z7602050. Your information will be added to the marketing database and will not be given to third parties without your prior consent. Your information will be used to send you relevant marketing and informational material on our products and services.
(004) V9 (06.2012) / SL / JK / WP
If you do not wish to receive information about products and services from the following please tick the relevant box[es] Sweet & Maxwell W Green Incomes Data Services Round Hall For a detailed privacy statement, a copy, or correction of your information please write to Marketing Information, 100 Avenue Road, London NW3 3PF, call 0207 393
PHONE 0845 600 9355 (UK) +44 (0)1264 388560 (International) FAX +44 (0)20 7393 8051 POST Orders, Thomson Reuters, FREEPOST, PO Box 1000 Andover SP10 9AH, UK 7000 or email sweetandmaxwell.marketingdata@thomsonreuters.com UK VAT is charged on all applicable sales at the prevailing rate except in the case of sales to Ireland where Irish VAT will be charged on all applicable sales at the prevailing rate. Customers outside of the EU will not be charged UK VAT. The price charged to customers, irrespective of any prices quoted, will be the price specified in our price list current at the time of despatch of the goods, as published on our website unless the order is subject to a specific offer or discount in which case special terms may apply. Rates, prices, delivery charges, discounts, dates and other information are subject to change at anytime without prior notice. Goods will normally be despatched within 3-5 working days of availability. “Thomson Reuters” and the Thomson Reuters logo are trademarks of Thomson Reuters and its affiliated companies.
Hardback November 2012 ISBN: 9780414047907 Price: £190 / €242