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.
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.