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Individual Voluntary Arrangements: Law and Practice


ISBN13: 9781802205220
Published: May 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £130.00



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With individual voluntary arrangements assuming an increasingly dominant position within personal insolvency law over the last 35 years, this timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it.

Key Features:

  • Overview of the essential nature of the law and its effect on the debtor, the creditors, and third parties
  • Focus on the law as it currently stands, together with an analysis of how this has changed and developed
  • Review of primary documents, including the proposal and the statement of affairs
  • Examination of the procedures involved, the statutory framework in which those procedures are embedded, and the interpretation of this framework that has been applied by the courts

Providing an informed and extensive review of the law, it will be invaluable to insolvency practitioners, lawyers, and judges working with individual voluntary arrangements. Accessible and concise in its analysis, it will also be useful to students and scholars of insolvency law researching voluntary arrangements.

Subjects:
Insolvency Law
Contents:
Preface
PART I: OVERVIEW
1. Introduction
2. Nature and effect
3. Death and taxes
PART II: THE PRIMARY DOCUMENTS
4. The proposal
5. Statement of affairs
PART III: INITIATING PROCEDURES
6. Interim orders
7. The alternative procedure
PART IV: DECISION AND CHALLENGE
8. The nominee and the decision
9. Challenge
PART V: IMPLEMENTATION
10. Extant bankruptcy proceedings
11. Implementation and supervision
12. Ending the IVA
Index