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Bankruptcy: Law and Practice
Bankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.
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Critical Acclaim
Contents
More Information
Bankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.
Alaric Watson and Stephen Baister provide an up-to-date and in depth analysis of every aspect of bankruptcy law. In addition, this new work also examines the historical and socio-economic context in which this field of law operates and the policies that govern it, the impact of the death or incapacity of the debtor, the interrelationship between bankruptcy and both matrimonial law and employment law and various cross-border considerations.
Key Features:
· Exploration of the jurisdictional and procedural requirements for initiating bankruptcy proceedings and their immediate effects
· Insights into the role and powers of the Official Receiver and the trustee in bankruptcy, and the administration of the estate and the realisation of assets
· Investigation into the undoing of antecedent transactions
· Discussion of the processing of creditors’ claims and the distribution of dividends and how orders may be reviewed, appealed or annulled
Bankruptcy: Law and Practice is essential reading for lawyers, insolvency practitioners, academics and students concerned with issues relating to personal insolvency.
Alaric Watson and Stephen Baister provide an up-to-date and in depth analysis of every aspect of bankruptcy law. In addition, this new work also examines the historical and socio-economic context in which this field of law operates and the policies that govern it, the impact of the death or incapacity of the debtor, the interrelationship between bankruptcy and both matrimonial law and employment law and various cross-border considerations.
Key Features:
· Exploration of the jurisdictional and procedural requirements for initiating bankruptcy proceedings and their immediate effects
· Insights into the role and powers of the Official Receiver and the trustee in bankruptcy, and the administration of the estate and the realisation of assets
· Investigation into the undoing of antecedent transactions
· Discussion of the processing of creditors’ claims and the distribution of dividends and how orders may be reviewed, appealed or annulled
Bankruptcy: Law and Practice is essential reading for lawyers, insolvency practitioners, academics and students concerned with issues relating to personal insolvency.
Critical Acclaim
‘[Bankruptcy: Law and Practice] is written by two well known experts [whose] practical experience has materially influenced the quality of this book and amply justifies its subtitle Law and Practice. It describes the English law bankruptcy process in all its detail and facets. The English case law – listed, as is usual in works of this kind, in a 42 page table of cases – is clearly and comprehensively analysed. It is not an academic text but is directed at legal practice, but nonetheless a product to be recommended and which deserves a wide readership.’
– Reinhard Bork, Journal of Restructuring and Insolvency
‘This work is invaluable as a tool of reference for all insolvency officeholders, lawyers and stakeholders who specialise in bankruptcy. Both the legal and practical aspects of the bankruptcy process are comprehensively addressed and clearly explained from both a creditor’s and a debtor’s perspective. It is up to date and includes analysis of recent case law such as Manolete v Hayward. The relevant case law and legislation are clearly referenced throughout. The quality is assured by these experienced and eminent authors. A must buy!’
– Christina Fitzgerald, Edwin Coe LLP
‘A much needed, up-to-date, and wide-ranging review and eminent comment on bankruptcy in England and Wales. This isn’t only a go to book for legislative updates and comment but the writers have considered the historical background and context needed when considering bankruptcy matters. This is an excellent read not just for industry professionals but for those with even a general interest in bankruptcy.’
– Ian Defty, Begbies Traynor group, UK
– Reinhard Bork, Journal of Restructuring and Insolvency
‘This work is invaluable as a tool of reference for all insolvency officeholders, lawyers and stakeholders who specialise in bankruptcy. Both the legal and practical aspects of the bankruptcy process are comprehensively addressed and clearly explained from both a creditor’s and a debtor’s perspective. It is up to date and includes analysis of recent case law such as Manolete v Hayward. The relevant case law and legislation are clearly referenced throughout. The quality is assured by these experienced and eminent authors. A must buy!’
– Christina Fitzgerald, Edwin Coe LLP
‘A much needed, up-to-date, and wide-ranging review and eminent comment on bankruptcy in England and Wales. This isn’t only a go to book for legislative updates and comment but the writers have considered the historical background and context needed when considering bankruptcy matters. This is an excellent read not just for industry professionals but for those with even a general interest in bankruptcy.’
– Ian Defty, Begbies Traynor group, UK
Contents
Contents: Preface PART I OVERVIEW 1. Introduction 2. The legal framework PART II INITIATING THE BANKRUPTCY PROCESS 3. Jurisdiction 4. Inability to pay 5. Creditors’ bankruptcy petitions 6. Debtors’ bankruptcy applications 7. Effects of bankruptcy proceedings PART III ADMINISTRATION OF THE ESTATE 8. The Official Receiver 9. The trustee in bankruptcy 10. The bankruptcy estate 11. Investigatory powers 12. Realisations and the bankrupt’s home 13. Antecedent transactions 14. Communicating with creditors 15. Proving and distribution 16. Annulment, recission and appeals 17 Duration and discharge 18 Bankruptcy restrictions orders and undertakings 19 Matrimonial and employment law 20 Death and incapacity 21 Bankruptcy offences 22 Cross-border considerations Index
