Schaw Miller and Bailey: Personal Insolvency - Law and Practice offers a full treatment of the law and procedure of bankruptcy and personal insolvency.
This edition takes full account of legislative changes as well as developments in the case law. Commentary on the effect of bankruptcy on other areas of the law is included.
Now in its fifth edition, this popular title continues to offer authoritative and practical guidance, including forms and precedents, on everything lawyers or insolvency practitioners practising in the field are likely to need in their day-to-day work.
The new edition includes:
* Substantial changes to the Insolvency Rules, especially those made by the Insolvency (Amendment) Rules 2010
* Development in the law of cross-border insolvency: the new edition contains a revised chapter dealing with the recognition of foreign bankruptcies and the steps which may be taken in this jurisdiction following recognition
* A new Practice Direction relating to Insolvency Proceedings
* A new statute, the Third Parties (Rights against Insurers) Act 2010, governing claims against insurers of insolvent persons
* By April 2016 Insolvency Rules Consolidation
* Creation of the London Insolvency District and the allocation of bankruptcy cases to the Central London County Court
* Debt Relief Orders
* Key case law
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Table Of Contents:
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