Bankruptcy Insolvency And Family Law

A family breakdown and divorce is often accompanied by financial problems, even insolvency. But to many family lawyers, bankruptcy and personal insolvency, and their impact on ancillary relief, are unfamiliar territory. Bankruptcy and Divorce: A Practical Guide for the Family Lawyer explains succinctly and clearly the underlying law in the UK. It highlights the danger areas for family lawyers and offers problem solving advice. This third edition revises and re-structures the previous edition which was titled Debt and Insolvency on Family Breakdown. It takes into account all recent changes in UK case law. Contents include: debts * bankruptcy and individual voluntary arrangements * assets vesting in the trustee * ownership of the family home * realization of the family home * ancillary relief and bankruptcy * a practical overview.

Family breakdown is usually accompanied by financial problems, even insolvency. But to many family lawyers, bankruptcy and personal insolvency more generally are foreign concepts. This eminently useful British text explains succinctly and clearly the underlying law, highlights the danger areas for family lawyers and offers problem-solving advice.

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.

Personal bankruptcy can be one of the most stressful decisions in life. However, done right and guided by a seasoned veteran, the process can turn out to be one of the best decisions you could make. Toronto debt, receivership and creditor Lawyer Frank Bennett brings his wealth of knowledge and an easy to follow step-by-step guide to this updated version of his own self-published hit. This practical book offers up a complete set of every form you will need to review with your lawyer, laid out in a start-to-finish timeline which will ease your stress and let you get back to living your life.