Personal Insolvency Law in Ireland

Personal Insolvency Law in Ireland PDF

Author: Alan McGee

Publisher: Bloomsbury Publishing

Published: 2023-03-27

Total Pages: 453

ISBN-13: 1526525372

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A comprehensive guide to personal insolvency law in Ireland, this book will be invaluable to both legal and personal insolvency practitioners. The Personal Insolvency Act 2012 introduced new debt resolution mechanisms which are explained in clear detail in the book. Personal Insolvency can be a complex area for practitioners. A substantial body of High Court jurisprudence has developed in light of legislative amendments arising in the main from the introduction of the s 115A application procedure established under the 2015 Amendment Act. This is the first text to explain the development of the law and explores how the Act is interpreted and implemented having regard also to case law and practice notes issued by the Insolvency Service of Ireland. The book demonstrates with real case examples how personal insolvency law can be utilised with family law to overcome problematic debt issues that family law legislation cannot resolve on its own. This title is a must-have for any Personal Insolvency Practitioner, solicitor, barrister, Approved Intermediary, financial institution, accountant or debt adviser. This title is included in Bloomsbury Professional's Irish Banking and Finance Law online service.

Insolvency Law

Insolvency Law PDF

Author: Nicholas Comyn

Publisher: Tottel Publishing

Published: 2009

Total Pages: 0

ISBN-13: 9781847661043

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Insolvency Law is an essential Irish text for practitioners working in the field and for trainees undertaking the Law Society's Professional Practice Course in Ireland. It examines the many aspects of insolvency that practitioners face, including personal insolvency, company insolvency, compulsory and voluntary liquidations, receiverships, alternatives to winding up, and international insolvency. The book is designed to equip practitioners with the Irish legal knowledge necessary to act for liquidators, receivers, examiners, directors, and shareholders of insolvent companies and third parties, such as creditors, banks, and employees of insolvent companies. Issues most frequently encountered in practice and recent legal developments are clearly explained by leading experts in the field. Sample documentation is also included where relevant.

The Practitioner's Personal Insolvency Handbook

The Practitioner's Personal Insolvency Handbook PDF

Author: Tim Bracken

Publisher:

Published: 2013

Total Pages: 0

ISBN-13: 9781905536528

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The Practitioners Personal Insolvency Handbook is designed specifically for Irish legal practitioners, providing an overview of debt collection and procedure in relation to personal insolvent clients. The book contains an outline of the various debt collection procedures in Ireland's courts where the procedure is quite distinct, depending whether one is in the District, Circuit, or High Court. Separate chapters deal with the particular procedures in each court. This book explains how to enforce a judgment once obtained, how to register it as a judgment mortgage, and how to ultimately obtain an Order for Sale of a premises over which a judgment mortgage has been registered. The book also examines mortgage suit proceedings, whether the basis of the mortgage is a legal charge, an equitable mortgage, or a judgment mortgage. Additionally, the book looks at how to attach debts by garnishee order or the appointment of a Receiver by way of equitable execution and explains the procedure up to the point of petitioning the High Court to have a person adjudicated a bankrupt. Finally, there is a discussion on Mareva Injunctions. The Practitioners Personal Insolvency Handbook contains an explanation of the steps required to obtain the individual orders and also contains various precedents of proceedings and necessary forms.

Consolidated Bankruptcy and Personal Insolvency Legislation

Consolidated Bankruptcy and Personal Insolvency Legislation PDF

Author: Bill Holohan

Publisher:

Published: 2013-12-18

Total Pages: 424

ISBN-13: 9780414031456

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The only source of combined insolvency and bankruptcy legislation in Ireland Consolidated Bankruptcy and Personal Insolvency Legislation is a comprehensive consolidation of all of the Bankruptcy and Personal Insolvency legislation in Ireland. It includes all of the important amendments, repeals, substitutions, additions and changes to the law in Ireland since 1988. This will be the go-to" book with everything that is needed to deal with all debt and insolvency issues in Ireland today. It also includes a review of the reform from 2007 and the resulting legislation including in-depth commentary and cases. Key Features * Is the only source of combined insolvency and bankruptcy legislation in Ireland * Includes all legislation and statutory instruments * Includes a full amendment history * Provides you with quality annotations * Is up-to-date It will help you by: * Saving you time * Highlighting and addressing key issues of concern About the authors Bill Holohan is Senior Partner of Holohan Solicitors. He is co-author of several books, including books on Bankruptcy Law and Practice, (Round Hall, Thomson Reuters, Second Edition, 2010). Keith Farry was awarded his First Class Honour in Trinity College in recognition of his thesis entitled "Bankruptcy in Ireland - The Personal Insolvency Act 2012 and the Role of Alternative Dispute Resolution". Keith is currently a Barrister-at-Law student at the Honourable Society of King's Inns, a committee member of the CIArb and lectures on Personal Insolvency.

European Insolvency Law

European Insolvency Law PDF

Author: Gerard McCormack

Publisher: Edward Elgar Publishing

Published: 2017-01-27

Total Pages: 512

ISBN-13: 1786433311

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Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.

Personal Insolvency Law

Personal Insolvency Law PDF

Author: James Burke

Publisher: Bloomsbury Professional

Published: 2014-01-31

Total Pages: 442

ISBN-13: 9781847664860

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This new title covers a very important area of law in the current economic climate. Currently, the personal insolvency legislation is being reformed in Ireland. The area has not seen such a change in decades, the last significant piece of legislation being the Bankruptcy Act 1988. The Personal Insolvency Act 2012 radically changed the law relating to personal insolvency and bankruptcy in Ireland. The main impact of the Act is that it introduces the establishment of a State-run Insolvency Service to operate the new non-judicial insolvency arrangements. This very timely title covers all the elements of the new legislation, the EU and cross-border aspects. Contents: Introduction to Personal Insolvency: Overview and Recent Developments Types of Personal Insolvency: Creditor's Petition; Debtor's Petition; Compositions and Arrangements; E.U. Position and Insolvency Regulations: Recognition of foreign bankruptcies; Registration of foreign bankruptcies; Effect of registration; All documents required to be Appendixed; Process of Bankruptcy: In depth analysis of the process including Appendices of all documents required etc.; Step-by-step guideline to process; How do I make myself a Bankrupt?: Background to why this should be considered; Process involved; Implications; UK v Ireland: Difference between treatment in Ireland and UK; Trustee in Bankruptcy: process and rights over Irish situate assets of person adjudged bankrupt in the UK; COMI and benefits of changing same; Creditor's Position: Process open to Creditor; Recourse to Creditor; Protection to Creditor; Secured v's unsecured Creditor; Practical Implications of bankruptcy: Spouse/relatives of bankrupt; Other creditors; Bankrupt themselves; Salary of bankrupt; Assets of bankrupt; Pension of bankrupt; Interaction with family law proceedings: Family home; Special provisions in Bankruptcy Act; Rights of Spouse; Process; Court's Attitude; Official Assignee: Role of OA; Restrictions of OA; Discharge of Bankrupt: Process; Restrictions; Implications for future activities; Alternatives to Bankruptcy: Scheme of Arrangements.

Corporate Insolvency and Rescue

Corporate Insolvency and Rescue PDF

Author: Irene Lynch-Fannon

Publisher: Bloomsbury Publishing

Published: 2016-10-14

Total Pages: 775

ISBN-13: 178451862X

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The second edition of this authoritative book examines in detail all the corporate insolvency procedures available in Ireland, including examination, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading.

Northern Ireland Personal Insolvency

Northern Ireland Personal Insolvency PDF

Author: John M. Hunter

Publisher:

Published: 1992

Total Pages: 411

ISBN-13: 9780853894551

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The Insolvency (Northern Ireland) Order 1989 and the related rules and other subordinate legislation make the most significant changes in insolvency law and procedure in Northern Ireland for over 130 years. They follow closely the corresponding legislation in England and Wales, but some important differences remain. The 1989 Order also includes provisions governing deeds of arrangement, modelled on the Deeds of Arrangement Act 1914.

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