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Bankruptcy: Law and Practice


ISBN13: 9781802205909
Published: February 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £195.00



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Bankruptcy: Law and Practice

This book presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.

Alaric Watson and Stephen Baister provide an up-to-date and in-depth analysis of every aspect of bankruptcy law. In addition, this new work also examines the historical and socio-economic context in which this field of law operates and the policies that govern it, the impact of the death or incapacity of the debtor, the interrelationship between bankruptcy and both matrimonial law and employment law and various cross-border considerations.

Key Features:

  • Exploration of the jurisdictional and procedural requirements for initiating bankruptcy proceedings and their immediate effects
  • Insights into the role and powers of the official receiver and the trustee in bankruptcy, and the administration of the estate and the realisation of assets
  • Investigation into the undoing of antecedent transactions
  • Discussion of the processing of creditors’ claims and the distribution of dividends and how orders may be reviewed, appealed or annulled

Bankruptcy: Law and Practice is essential reading for lawyers, insolvency practitioners, academics and students concerned with issues relating to personal insolvency.

Subjects:
Insolvency Law
Contents:
Preface
PART I. OVERVIEW
1. Introduction
2. The legal framework
PART II. INITIATING THE BANKRUPTCY PROCESS
3. Jurisdiction
4. Inability to pay
5. Creditors’ bankruptcy petitions
6. Debtors’ bankruptcy applications
7. Effects of bankruptcy proceedings
PART III. ADMINISTRATION OF THE ESTATE
8. The Official Receiver
9. The trustee in bankruptcy
10. The bankruptcy estate
11. Investigatory powers
12. Realisations and the bankrupt’s home
13. Antecedent transactions
14. Communicating with creditors
15. Proving and distribution
16. Annulment, recission and appeals
17. Duration and discharge
18. Bankruptcy restrictions orders and undertakings
19. Matrimonial and employment law
20. Death and incapacity
21. Bankruptcy offences
22. Cross-border considerations
Index