Hardback
Individual Voluntary Arrangements
Law and Practice
9781802205220 Edward Elgar Publishing
With individual voluntary arrangements assuming an increasingly dominant position within personal insolvency law over the last 35 years, this timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it.
More Information
Critical Acclaim
Contents
More Information
With individual voluntary arrangements assuming an increasingly dominant position within personal insolvency law over the last 35 years, this timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it.
Key Features:
• Overview of the essential nature of the law and its effect on the debtor, the creditors, and third parties
• Focus on the law as it currently stands, together with an analysis of how this has changed and developed
• Review of primary documents, including the proposal and the statement of affairs
• Examination of the procedures involved, the statutory framework in which those procedures are embedded, and the interpretation of this framework that has been applied by the courts
Providing an informed and extensive review of the law, it will be invaluable to insolvency practitioners, lawyers, and judges working with individual voluntary arrangements. Accessible and concise in its analysis, it will also be useful to students and scholars of insolvency law researching voluntary arrangements.
Key Features:
• Overview of the essential nature of the law and its effect on the debtor, the creditors, and third parties
• Focus on the law as it currently stands, together with an analysis of how this has changed and developed
• Review of primary documents, including the proposal and the statement of affairs
• Examination of the procedures involved, the statutory framework in which those procedures are embedded, and the interpretation of this framework that has been applied by the courts
Providing an informed and extensive review of the law, it will be invaluable to insolvency practitioners, lawyers, and judges working with individual voluntary arrangements. Accessible and concise in its analysis, it will also be useful to students and scholars of insolvency law researching voluntary arrangements.
Critical Acclaim
‘I found the book extremely clearly structured and well written. This is an invaluable tool for researchers, as the different chapters and parts of the book can be read and analysed separately. The content in both the main body of the book and its footnotes facilitates the understanding of how these procedures work in practice, and identifies areas where further research and reforms are needed. I also believe that legal advice centres and debt advice charities would greatly benefit from consulting this book, as the information provided within is extremely useful in guiding or advising their clients and customers.’
– Eurofenix
‘This timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it. I found the book extremely clearly structured and well written. This is an invaluable tool for researchers like me, as the different chapters and parts of the book can be read and analysed separately.’
– Eugenio Vaccari, International Insolvency Review
‘This is an impressive new text analysing the most popular of the debt resolution methods available under English Law. Alaric Watson has produced an excellent insight into the contemporary IVA regime. This outstanding text stands out for its authoritative commentary on both the underlying policy and minutiae of the full life-cycle of the IVA regime. Context is provided by clear explanation of the interface with other personal insolvency regimes. It is highly recommended as being essential reading for both practitioners and policymakers.’
– David Milman, Lancaster University, UK
‘When they were introduced in 1987 IVAs were simple; since then we have turned them into schemes and devices of some complexity with the introduction of lengthy “standard conditions” and the imposition of customary “rules” about duration, fees and what certain kinds of creditors gradually came to expect. The removal of compulsory court oversight turned a bespoke product into a factory product. The law has grown commensurately. Alaric Watson’s book claims to fill a market gap by offering a guide through this complexity in the form of a “concise, readable, reliable text book”. At approximately 240pp, this work is indeed concise, but its 12 chapters are readable and reliable too. I wish the first edition every success.’
– Stephen Baister, Three Stone, UK
– Eurofenix
‘This timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it. I found the book extremely clearly structured and well written. This is an invaluable tool for researchers like me, as the different chapters and parts of the book can be read and analysed separately.’
– Eugenio Vaccari, International Insolvency Review
‘This is an impressive new text analysing the most popular of the debt resolution methods available under English Law. Alaric Watson has produced an excellent insight into the contemporary IVA regime. This outstanding text stands out for its authoritative commentary on both the underlying policy and minutiae of the full life-cycle of the IVA regime. Context is provided by clear explanation of the interface with other personal insolvency regimes. It is highly recommended as being essential reading for both practitioners and policymakers.’
– David Milman, Lancaster University, UK
‘When they were introduced in 1987 IVAs were simple; since then we have turned them into schemes and devices of some complexity with the introduction of lengthy “standard conditions” and the imposition of customary “rules” about duration, fees and what certain kinds of creditors gradually came to expect. The removal of compulsory court oversight turned a bespoke product into a factory product. The law has grown commensurately. Alaric Watson’s book claims to fill a market gap by offering a guide through this complexity in the form of a “concise, readable, reliable text book”. At approximately 240pp, this work is indeed concise, but its 12 chapters are readable and reliable too. I wish the first edition every success.’
– Stephen Baister, Three Stone, UK
Contents
Contents: Preface PART I OVERVIEW 1. Introduction 2. Nature and effect 3. Death and taxes PART II THE PRIMARY DOCUMENTS 4. The proposal 5. Statement of affairs PART III INITIATING PROCEDURES 6. Interim orders 7. The alternative procedure PART IV DECISION AND CHALLENGE 8. The nominee and the decision 9. Challenge PART V IMPLEMENTATION 10. Extant bankruptcy proceedings 11. Implementation and supervision 12. Ending the IVA index
