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Schaw Miller and Bailey: Personal Insolvency - Law and Practice Sixth edition

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£349.00
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Published: May 27, 2022
ISBN/ISSN: 9781474320719

Product description

Why should you buy Schaw Miller and Bailey: Personal Insolvency - Law and Practice Sixth edition


"The arrival of the Sixth Edition of Schaw, Miller and Bailey is... most welcome. As with the earlier editions, it brings a clear and comprehensive analysis of the relevant statutory framework and case law in a readily accessible format. It will be an invaluable reference and guide to all lawyers and insolvency practitioners seeking to navigate this increasingly important area of law and practice": Lord Justice Snowden, May 2022

This edition offers a full treatment of the law and procedure of bankruptcy and personal insolvency. This popular title offers authoritative and practical guidance on everything lawyers or insolvency practitioners practising in the field are likely to need in their day-to-day work.

The sixth edition has been fully updated to cover recent developments and case law, including the relevant changes brought about by Brexit and the COVID-19 pandemic.

What's new:

  • Coverage of the changes caused by Brexit, the subject of a whole chapter, and the most extensive alterations in the new edition.
  • The new Breathing Space and Mental Health Crisis Moratorium
  • The return of Crown preference debts. Following the removal of Crown preference in 2003, some revenue liabilities are now, once again, preferential in insolvencies
  • The recast Practice Direction in Insolvency Proceedings. The new PDIP is extensively different from its predecessor
  • A large number of new cases. Significant examples include:
    • Bell v Ide;
    • Re Nimat Foods Ltd and Re Rochay Productions Ltd;
    • Re Munikwa on modifications to IVAs;
    • Yang v Official Receiver on the different circumstances in which it is appropriate to rescind or annul a bankruptcy order;
    • Ardawa v Uppal;
    • Barker v Baxendale-Walker;
    • Leopard v Robinson on the trustee in bankruptcy continuing a bankrupt’s business;
    • Re Mascall;
    • Lehman Brothers Australia Ltd (in liquidation) v MacNamara on the basis of the rule in ex parte James;
    • JSC BTA Bank v Ablyazov on the relevant test for whether a transaction was a transaction defrauding creditors;
    • Manolete Partners plc v Hayward & Barrett Holdings;
    • Bundeszentralamt für Steuern v Heis;
    • Bresco Electrical Services Ltd (in liquidation) v Michael J Lonsdale (Electrical) Ltd, a consideration by the Supreme Court of insolvency set off.
 

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Table of contents

PART I INSTITUTIONS
Chapter 1 Individual insolvency regimes, bankruptcy courts and officials
Chapter 2 Insolvency practitioners
Chapter 3 Practice and procedure in insolvency proceedings
Chapter 4 The EU Insolvency Regulation
Chapter 5 Brexit
Chapter 6 The Cross-Border Insolvency Regulations 2006

PART II VOLUNTARY ARRANGEMENTS AND COMPOSITIONS OUTSIDE BANKRUPTCY
Chapter 7 Debt relief orders
Chapter 8 Individual voluntary arrangements

PART III BANKRUPTCY
Initiating bankruptcy
Chapter 9 Bankruptcy petitions and applications
Chapter 10 Bankruptcy orders
Chapter 11 Effect of bankruptcy on the bankrupt’s capacity
Chapter 12 Bankruptcy restrictions orders
Chapter 13 Discharge from bankruptcy
Chapter 14 Trustee in bankruptcy
Chapter 15 The bankrupt’s estate
Chapter 16 The bankrupt’s home
Chapter 17 Protection of the bankrupt’s estate
Chapter 18 Investigation of the bankrupt’s affairs
Chapter 19 Administration of the estate
Chapter 20 Effect of bankruptcy on litigation and arbitration
Chapter 21 Adjustment of prior transactions
Chapter 22 Transactions defrauding creditors
Chapter 23 Proof of debts
Chapter 24 Distribution of bankrupt’s estate
Chapter 25 Bankruptcy offences
Chapter 26 Partnerships
Chapter 27 Administration of insolvent estates of deceased persons
Chapter 28 Solicitors acting in bankruptcy matters
Chapter 29 Rights against bankrupt’s insurers

PART IV OTHER DEBT MANAGEMENT ARRANGEMENTS
Chapter 30 Administration orders
Chapter 31 Alternative debt management arrangements

PART V APPENDICES