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'Insolvency Law Handbook' is useful for professionals called upon to advise debtors faced with personal or corporate insolvency, or their creditors. It explains the insolvency process - looking at each of the various procedures in turn, highlighting the decisions to be made, the options available and the potential pitfalls.
The Bankruptcy Handbook provides a clear and concise overview of the legal and financial processes, and of the implications for people facing bankruptcy. It provides practical assistance to all working in the insolvency field, in rural as well as urban areas. It includes: case studies for different bankruptcy scenarios; an overview of the relationship between bankruptcy and family law; discussion of taxation and superannuation; an Australia-wide contact list; information about the sequestration order and key bankruptcy processes; practical resources such as a guide to filling out the ITSA Statement of Affairs, which is reproduced in full; the pros and cons of alternatives to bankruptcy such as debt agreements and personal insolvency agreements; web addresses for various resources, including ITSA forms; and a glossary.The book's plain, accessible language and its recognition of the importance of emotional issues mean that it will also be helpful to many debtors having to consider the option of bankruptcy. The authors are three of Australia's most experienced practitioners: Dr Betty Weule, doyenne of Australian financial counsellors, Dr Wayne Warburton, psychologist, of the National Financial Counsellors Resource Service, and Richard Brading, Principal Solicitor of the Wesley Community Legal Service.
As the radical reforms contained in the Enterprise Act 2002 have come fully on-stream, Personal Insolvency Law has become a major focus of attention. At the same time, all evidence points to increasing levels of personal debt with the consequential rise in bankruptcies. Personal Insolvency Law, Regulation and Policy therefore provides a timely evaluation of the current state of English law in this important area. The volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of current policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy. The book will be a valuable guide for students and academics engaged in the study of this increasingly important branch of private law. The study will also be of value to practitioners and policy makers.
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
The Practitioners Personal Insolvency Handbook is designed specifically for Irish legal practitioners, providing an overview of debt collection and procedure in relation to personal insolvent clients. The book contains an outline of the various debt collection procedures in Ireland's courts where the procedure is quite distinct, depending whether one is in the District, Circuit, or High Court. Separate chapters deal with the particular procedures in each court. This book explains how to enforce a judgment once obtained, how to register it as a judgment mortgage, and how to ultimately obtain an Order for Sale of a premises over which a judgment mortgage has been registered. The book also examines mortgage suit proceedings, whether the basis of the mortgage is a legal charge, an equitable mortgage, or a judgment mortgage. Additionally, the book looks at how to attach debts by garnishee order or the appointment of a Receiver by way of equitable execution and explains the procedure up to the point of petitioning the High Court to have a person adjudicated a bankrupt. Finally, there is a discussion on Mareva Injunctions. The Practitioners Personal Insolvency Handbook contains an explanation of the steps required to obtain the individual orders and also contains various precedents of proceedings and necessary forms.
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
The Probate Practitioner's Handbook is a well-established and popular guide to good practice for solicitors' firms that undertake probate and estate administration work.This new ninth edition has been comprehensively updated by leading experts to take account of: money-laundering issues including the requirements of the 5th EU Anti-Money Laundering Directives and the updated LSAG guidance the SRA Accounts Rules 2019 changes resulting from the new SRA Standards and Regulations new SRA guidance relevant to practitioners updates to relevant practice notes including disputed wills and handling complaints Inheritance and Capital Gains Tax developments implications of the UK leaving the European Union the introduction of the SRA Transparency Rules implications for practitioners arising from the Covid pandemic. the different ways in which foreign elements may affect the English probate practitioner. An essential new chapter explains how data protection law applies in the context of the administration of estates. Features such as checklists, precedents, case commentaries and examples enhance the book's usefulness.