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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Butterworths Property Insolvency

Edited by: Tim Calland

ISBN13: 9781405780995
Published: April 2015
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: £271.00



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This brand new title is written for all professionals whose work involves property rights in an insolvency context, whether they be lawyers, insolvency practitioners or professionals in the property and banking industries.

For insolvency specialists, it explains the relevant property law concepts, authorities and statutes that are relevant to their work. For property professionals, the book explains how property rights are affected by the different insolvency regimes, and is particularly useful for anyone dealing with either landlord or tenant clients in both commercial and residential contexts. For all discipline it provides practical guidance on property-related insolvency matters.

Real property is often the most valuable asset in an insolvency and can raise difficult problems of management and competing interests. This title responds to those problems: as well as dealing comprehensively with tenant insolvency, it also addresses the liability of guarantors and other third parties, what happens if the freeholder or landlord is insolvent, and environmental liabilities in insolvency. It also details specifically how leases and real property are dealt with in bankruptcy.

Written by a team of experienced property and insolvency barristers at Enterprise Chambers, with contributions from specialists at Pinsent Masons and Grant Thornton, this is sure to become the main text for practitioners advising in matters where the main asset is real estate.

Subjects:
Insolvency Law, Landlord and Tenant Law
Contents:
1. Introduction to insolvency procedures
2. Liabilities of the Insolvent Tenant
3. Forfeiture of the Insolvent Tenant's Lease
4. Other remedies – Taking Control of Goods
5. Disclaimer
6. Dealings with the Insolvent Tenant's Lease
7. The Liability of Guarantors and Former Tenants
8. The Insolvent Freeholder or Landlord
9. Leases and Real Property in Bankruptcy
10. Rights and Remedies of Secured Creditors
11. Environmental liabilities