Individual Voluntary Arrangements

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Price: £435.00

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Format:
Looseleaf and CD-ROM
ISBN:
978 0 85308 522 5
Editor:
Paul French, Giles Frampton, Jonathan Middleton and Stephen Lawson
Category:
Insolvency

For all those advising insolvency practitioners, creditors or debtors whether during the preparation of an IVA or after its approval

Due to the current economic climate the regulation of Insolvency Practitioners conducting Individual Voluntary Arrangements has become an important topic.

Official statistics show that individual voluntary arrangements are on the increase. As a result it is essential that Insolvency Practitioners and those advising them keep up-to-date and informed.

This clear, authoritative guide has become an essential reference tool for Insolvency Practitioners and lawyers advising Insolvency Practitioners, creditors or debtors during the preparation of an IVA or after its approval.

Written by a team of experts in the field, the loose-leaf format with regular updating ensures that you are always kept fully informed of the relevant case law and changes to practice and procedure. All the latest developments are examined in detail and invaluable, practical guidance is provided to navigate you through this complex area of law.

The work includes a CD-ROM, containing professionally drafted, up-to-date precedents and specimen IVA proposals, all in Microsoft Word format. Stripped of annotation and ready for individual adaptation, this alone will save hours of drafting time.

2012 Subscription Information

1 volume loose-leaf + CD-ROM
£435.00 main work inc mainland UK p&p
3 updates per year (approx. £143.00 each)

GENERAL EDITOR:
Paul French, Barrister, Guildhall Chambers, Bristol

EDITORS:
Giles Frampton
, Licensed Insolvency Practitioner, Partner, Richard J Smith & Co
Jonathan Middleton, Solicitor

CONSULTANT EDITOR:
Stephen A Lawson, Partner, Michelmores Solicitors, Exeter and London


Paul French is a barrister who specialises in personal insolvency and is a joint editor of Bankruptcy and Personal Insolvency Reports (Jordans). Chambers and Partners 2010 describes him as a 'brilliant barrister with an encyclopaedic knowledge of complex personal insolvency law'.

Giles Frampton is an Insolvency Practitioner with day-to-day knowledge of how Individual Voluntary Arrangements work in practice, is a member of the Insolvency Rules Committee and Chairman of the General Technical Committee R3.

Jonathan Middleton, who has recently joined the team, is a qualified solicitor and sits as one of the Deputy Registrars in the Bankruptcy Court as well as the Companies Court in London. Jonathan is also a joint editor of Bankruptcy and Personal Insolvency Reports (Jordans).

Stephen A Lawson, is the founding editor, and now Consultant Editor of Individual Voluntary Arrangements. He is the only Insolvency Practitioner in the country afforded Senior Statesman status and has been dubbed 'one of the country's leading practitioners for IVAs' (Chambers & Partners 2007).

 

  • Introduction
  • Formation
  • Partnerships
  • The Proposal - General Considerations
  • The IVA Protocol
  • Trading
  • Particular Assets and Liabilities
  • Real Property
  • Standard Conditions
  • Proceedings for the Interim Order
  • Non-Interim Order Procedure
  • Role of Nominee and Nominee's Report
  • Giving and Receiving Notice of Creditors' Meeting
  • Creditors' Meeting
  • Effect of Approval
  • Challenge of the Meeting's Decision and Rule 5.22 Appeals
  • Implementation and Supervision of the Arrangement
  • Liability of Office Holder
  • Appointment and Removal of Office Holder
  • Default and Failure
  • Special Considerations where Debtor is Undischarged Bankrupt
  • The Enterprise Act 2002 - Fast-Track Procedure
  • Annulment of Bankruptcy Orders
  • Effect of Bankruptcy Proceedings
  • Matrimonial Considerations
  • Taxation Issues
  • Debt Avoidance and Antecedent
  • Foreign Considerations
  • Precedents
  • Legislation
  • Procedural Guidance

This Update looks at the issues arising from three significant cases:

Secretary of State for Work and Pensions v Payne [2011] UKSC 60, SC;

Kapoor v (1) National Westminster Bank plc (2) Tan [2011] EWCA Civ
1083, [2011] BPIR 1680, CA; and

Paymex Ltd v The Commissioners for Her Majesty’s Revenue and
Customs
[2011] UKFTT 350 (TC).

It also contains a new precedent B4A, ‘Individual Voluntary Arrangement Checklist’ – currently used in the High Court when the Registrars consider applications for interim orders, new guidance D15, ‘VAT and Voluntary Arrangements: Guidance to the Practical Implications of the Paymex Decision’ and minutes from the last three IVA Standing Committee meetings in E5–E7.

"Indispensable ... if you are going to have any dealings with voluntary arrangements ... this is the book to have"
New Law Journal

"an accessible and easy to use source"
Business and Assets

"a must for any serious practitioner of personal insolvency law."
Insolvency Lawyer

 

Key reasons for using Individual Voluntary Arrangements Online:

  • A wealth of precedents - all in Microsoft Word format, ready for you to download and use

Plus the new enhanced platform features:

  • Compatible with mobile devices - View the online service on your iPad/tablet device
  • Create PDFs - Generate PDF versions of on-screen content to print, download or store offline
  • Improved search engine - Indexing, hyperlinks and search filters to get you to the information you need quicker than ever before
  • Your complete law library in one place - You can choose the modules you’d like to subscribe to, and even link it through to Jordans’ textbooks online (coming soon)

To arrange your FREE 14 day trial click here or call 0117 918 1555

For more information visit the online services page

 


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