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The only source of combined insolvency and bankruptcy legislation in Ireland Consolidated Bankruptcy and Personal Insolvency Legislation is a comprehensive consolidation of all of the Bankruptcy and Personal Insolvency legislation in Ireland. It includes all of the important amendments, repeals, substitutions, additions and changes to the law in Ireland since 1988. This will be the go-to" book with everything that is needed to deal with all debt and insolvency issues in Ireland today. It also includes a review of the reform from 2007 and the resulting legislation including in-depth commentary and cases. Key Features * Is the only source of combined insolvency and bankruptcy legislation in Ireland * Includes all legislation and statutory instruments * Includes a full amendment history * Provides you with quality annotations * Is up-to-date It will help you by: * Saving you time * Highlighting and addressing key issues of concern About the authors Bill Holohan is Senior Partner of Holohan Solicitors. He is co-author of several books, including books on Bankruptcy Law and Practice, (Round Hall, Thomson Reuters, Second Edition, 2010). Keith Farry was awarded his First Class Honour in Trinity College in recognition of his thesis entitled "Bankruptcy in Ireland - The Personal Insolvency Act 2012 and the Role of Alternative Dispute Resolution". Keith is currently a Barrister-at-Law student at the Honourable Society of King's Inns, a committee member of the CIArb and lectures on Personal Insolvency.
Insolvency Law is an essential Irish text for practitioners working in the field and for trainees undertaking the Law Society's Professional Practice Course in Ireland. It examines the many aspects of insolvency that practitioners face, including personal insolvency, company insolvency, compulsory and voluntary liquidations, receiverships, alternatives to winding up, and international insolvency. The book is designed to equip practitioners with the Irish legal knowledge necessary to act for liquidators, receivers, examiners, directors, and shareholders of insolvent companies and third parties, such as creditors, banks, and employees of insolvent companies. Issues most frequently encountered in practice and recent legal developments are clearly explained by leading experts in the field. Sample documentation is also included where relevant.
A comprehensive guide to personal insolvency law in Ireland, this book will be invaluable to both legal and personal insolvency practitioners. The Personal Insolvency Act 2012 introduced new debt resolution mechanisms which are explained in clear detail in the book. Personal Insolvency can be a complex area for practitioners. A substantial body of High Court jurisprudence has developed in light of legislative amendments arising in the main from the introduction of the s 115A application procedure established under the 2015 Amendment Act. This is the first text to explain the development of the law and explores how the Act is interpreted and implemented having regard also to case law and practice notes issued by the Insolvency Service of Ireland. The book demonstrates with real case examples how personal insolvency law can be utilised with family law to overcome problematic debt issues that family law legislation cannot resolve on its own. This title is a must-have for any Personal Insolvency Practitioner, solicitor, barrister, Approved Intermediary, financial institution, accountant or debt adviser. This title is included in Bloomsbury Professional's Irish Banking and Finance Law online service.
The new edition of The Law of Credit and Security provides a fully up-to-date analysis of all relevant aspects of law and regulation in respect of lending, security-taking and enforcement of loans in Ireland. In the ongoing aftermath of the financial crisis, this has remained one of the most fast-moving areas of law and this book provides a comprehensive treatment of the many developments since the publication of the first edition in 2011. New to this edition * Includes full coverage of the implications of the Companies Act 2014 for all aspects of corporate lending and borrowing * Features detailed analysis of the Personal Insolvency Act 2012 and changes to Bankruptcy law * Addresses changes in regulatory requirements for credit providers, including the Central Bank (Supervision and Enforcement) Act 2013 and Credit Unions and Co-Operation with Overseas Regulators Act 2012 * Provides comprehensive coverage of consumer protection developments, including the Mortgages Directive (Directive 2014/17/EU); the Code of Conduct on Mortgage Arrears 2013; the Consumer Protection Code 2012 * Includes fully up-to-date analysis of relevant case law on all aspects of credit and security since 2011 * Includes expanded coverage of the impact of insolvency and examinership on creditors * Examines the operations of NAMA in the respect of the administration of acquired loans Key features * A comprehensive analysis of all aspects of credit and security in Ireland * Detailed consideration of all elements of the regulatory framework for relevant lenders, including banks; credit unions; moneylenders; debt management firms; retail credit and home reversion firms; and. credit and mortgage intermediaries. * Up-to-date analysis of all important case law and legislation * Places Irish legal and regulatory developments in an international and European context * Includes full coverage of impact of the Companies Act 2014 on all aspects of corporate loans * Covers all aspects of security in rem, including: security over land; security over personal property; security over aircraft; security over ships * Provides detailed examination of the impact of the Financial Collateral Directive (Directive 2009/44) * Includes in-depth consideration of guarantees and analogous arrangements * Provides detailed analysis of legal mechanisms for enforcement * Includes a thorough analysis of the impact of examinership and insolvency on creditors * Incorporates a detailed consideration of personal insolvency arrangements and bankruptcy
Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.
A positive financial market and real sector developments support Ireland's capacity to exit the EU-IMF supported program at year's end. But the underlying fiscal and financial situation is still difficult, and continued strong policy execution remains paramount. Improvement in dealing with nonperforming loans and preventing a rise in structural unemployment is critical to strengthen prospects for recovery. Ireland’s strong track record of budget execution must be maintained, and building on the recent strengthening of the medium-term budget framework will support a durable exit.
The second edition of this authoritative book examines in detail all the corporate insolvency procedures available in Ireland, including examination, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading.
Sealy & Milman: Annotated Guide to the Insolvency Legislation is widely regarded as the definitive work for those advising on Insolvency. This long-established legislation handbook provides annotated commentary and clarification on the legal and practical implications of the latest insolvency legislation