Personal Insolvency Practice: Litigation, Procedure and Precedents 3rd ed.
- Publisher:
- Wildy Simmonds & Hill
- Publication date:
- 2023-08-14
- Authors:
- Mark Watson-Gandy
- ISBN:
- 9780854903016
Description:
Now in its third edition, Personal Insolvency Practice is an indispensable guide to the most common personal insolvency applications for solicitors and barristers. Updated to take account of EX50A Guidance on Court Fees 2022 and Chancery Guide 2022, the book provides the busy practitioner with a comprehensive range of useful precedents and checklists, and sets out the key statutory and practice material for each application. The book provides practitioners with answers to questions such as: What form do I use? What fee do I pay? What does my evidence need to cover? Which court should I file at? • Who do I need to serve? What will the judge be looking for? This edition also contains new precedents for claims under section 423, Insolvency Act 1986 in the wake of Moffat v Moffat [2021] BPIR 1309 and Manolete Partners v Hayward & Barrett Holdings [2021] BPIR 427
Index
- Preliminary Sections
- Foreword to the Third Edition
- Table of Cases
- Table of Statutes
- Table of Statutory Instruments
- Table of Practice Directions and Practice Notes
- Table of International Material
- Table of Forms and Guides
- Statutory demand
- Application to set aside a statutory demand
- Creditor's bankruptcy petition
- Responding to a creditor's petition: notice to attend at the hearing of a petition
- Responding to a petition: application for a validation order
- Application to annul a bankruptcy order
- Application to rescind a bankruptcy order
- Application for permission to act as a director of a company notwithstanding bankruptcy
- Application for directions by a trustee in bankruptcy
- Application to appoint an interim receiver
- Application for compensation against a trustee in bankruptcy
- Application for an order for the sale of the bankrupt's home
- Application for an interim order in support of an individual voluntary arrangement
- Application for leave to enforce security or seek possession despite an interim order
- Application to challenge decisions made by a meeting for an individual voluntary arrangement
- Application to challenge decisions in respect of a debt relief order
- Application for an income payment order
- Application for a private examination
- Application for a declaration that a transaction is invalidated by virtue of section 284 of the insolvency act 1986
- Application to set aside a transaction at an undervalue
- Application to set aside a preference
- Application to set aside a transaction defrauding creditors
- Appeal
- Toolkit
- Index