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  • Bankruptcy and Divorce: A Practical Guide for the Family Lawyer
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Bankruptcy and Divorce: A Practical Guide for the Family Lawyer

£70.00

Explains the impact on ancillary relief of bankruptcy and personal insolvency

Paperback i

Book printed softcover

£70.00
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Family breakdown 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, highlights the danger areas for family lawyers and offers problem-solving advice. This new edition revises and re-structures the previous title Debt and Insolvency on Family Breakdown and takes into account all recent changes in case law (eg Hill v Haines; Ball v Jones).

REVIEWS

"an extremely helpful guide for practitioners negotiating this minefield ... Practical and easy to read ... Elegant and concise, it will be a welcome edition to the shelves of all conscientious practitioners"
New Law Journal

"an invaluable book that no ancillary relief specialist should be without ... The bankruptcy sections provide a welcome update for those who have long awaited the second edition of this book"

Family Law

(Reviews of Debt and Insolvency on Family Breakdown)
  • Practical Considerations
  • Bankruptcy and Individual Voluntary Arrangements
  • Assets Vesting in the Trustee
  • Ownership of the Family Home
  • Realisation of the Family Home
  • Ancillary Relief and Bankruptcy
  • Debts

Appendices

  • Flowcharts
  • Declaration of Solvency
  • Questionnaire pursuant to Family Proceedings Rules 1991, r 2.61B(7)(c)
  • Insolvency Act 1986
  • Matrimonial Causes Act 1973
  • Insolvency Rules 1986
  • Insolvency Service Offices
"an extremely helpful guide for practitioners negotiating this minefield ... Practical and easy to read ... Elegant and concise, it will be a welcome edition to the shelves of all conscientious practitioners"
New Law Journal

"an invaluable book that no ancillary relief specialist should be without ... The bankruptcy sections provide a welcome update for those who have long awaited the second edition of this book"

Family Law

(Reviews of Debt and Insolvency on Family Breakdown)
Since the second edition of this work the world has ridden the boom and now is paying the price. Levels of personal insolvency have soared, with family practitioners having to deal with these issues on day to day basis within their usual caseload, which is stressful enough at the best of times. This edition is intended to give the family practitioner a head start in understanding those issues in a way which is both approachable and also informative.

As ever thanks go to Jordans for their support and patience in putting this latest edition together as the deadlines have come and gone. In addition grateful thanks must go to all those who wrote for previous editions of this book, and whose hard work lives on in many of the chapters.

Matthew Barker
Simon Calhaem
Jonathan Middleton
Gareth Schofield

March 2010
FOREWORD BY LORD JUSTICE WILSON

Family practitioners become edgy if asked to address the impact of the bankruptcy of a spouse (let us say the husband) on proceedings for ancillary relief or on other financial issues following divorce. Eyes tend to glaze; brows to pucker; even lower lips to tremble. The bankruptcy – practitioners will
recognise – is a very serious development; there are clear rules on the subject, but of which they harbour only a dim awareness; their failure to advise the wife – or indeed the husband – accurately on the likely legal consequences of rival courses of action may prove gravely prejudicial to their client; indeed the whole subject has for them the unpleasant whiff of a potential negligence action.

I confess that, when I was in practice, I tended to phone a friend for education about bankruptcy issues. Yes, it was as unprofessional as that; but the limitation period has expired. If only this book had then been in print. Its first edition, under the title “Debt and Insolvency on Family Breakdown”, was published in 1994; and there was a second edition in 2003. But the book now in your hands is a thorough revamp, as is reflected by the change of title. It is written specifically for family lawyers but speaks with the authority of two top insolvency practitioners as well as of two top family practitioners.

Family judges as well as practitioners need to know the score: (a) when the husband has gone bankrupt prior to the wife’s issue of proceedings for ancillary proceedings; (b) when he goes bankrupt during them; and (c) when it is foreseeable that he will go bankrupt soon after their conclusion. This book, which I have read in proof, could not, I think, address these scenarios more clearly.

But, of course, questions go wider than to discern when and how to proceed against the other spouse. The non-bankrupt spouse has to decide how to deal with the trustee. With him, battle has often to be joined by way of the assertion of a substantial equitable interest in the home and/or of objection to his demand for sale of it. In the former respect the authors valiantly strive to navigate us around the law up to and including Stack v Dowden; in the latter they explain an important provision (s 283A) inserted into the Insolvency Act 1986 by the Enterprise Act 2002.

Helpfully the authors also include a chapter on the wife’s susceptibility to enforcement against her of the charge upon her interest in the home which, so unwisely, she executed by way of security for such of the husband’s business debts as, whether or not actually bankrupt, he cannot now repay. The foundation of the jurisprudence is Etridge and, instead of reading 374 paragraphs of the speeches, we should now read Chapter 7 of this book.

It is an honour to be asked to write this foreword. I will be using this book and warmly commend its use to my fellow family lawyers.
Nicholas Wilson
3 March 2010

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