Debtor's Welcome to their Brother
Debtor's Welcome to their Brother
Insolvency Law Review A note to the drafting sub Committee. It highlights the objectives of the Committee. It also emphasises that there should be a set of general principles and […]
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Introduction A mammoth task This document introduces the huge task of the Insolvency Law Review Committee- to examine the area of law known as ”insolvency”, which is also called ”bankruptcy”. The […]
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Chapter 3 General This chapter emphasises that the Committee is interested in dealing with the Insolvency regime as a whole, as it applies to corporate and non-corporate entities. The main […]
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Bankruptcy procedure This chapter explains when, how a and under what conditions Bankruptcy procedures start, as well as who is subject to them. It explains, and highlights the importance of […]
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The initiation of Insolvency proceedings The emphasis of this chapter is to address the different insolvency procedures for corporate and individual debtors. The Committee’s task is to examine whether the […]
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The harmonisation of insolvency proceedings The main point of view of the Committee is that there should be general insolvency procedure that applies to all insolvents, regardless of their status […]
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This document includes a list of suggested amendments to a number of paragraphs of Chapter 8 of the report.
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Insolvency Courts Chapter 15 focuses on the way in which the courts handle insolvency proceedings in England and Wales, and makes proposals in relation to the latter. What are the […]
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Powers and duties of Insolvency Practitioners This draft chapter deals with the duties with liquidators in voluntary and compulsory winding up, and trustees in Insolvency. It is heavily amended, with […]
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Invalid disposal of the Insolvent’s property This draft chapter highlights the types of translation that might be said to be an invalid disposal. Then,it deals with the doctrine of ‘fraudulent preferences’, […]
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This document summaries the key decisions made as to the layout of the report, and the content of each chapter. The document has the proposed layout, with Parts I and […]
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Appointing an administrator This draft chapter proposes a procedure through which an administrator would be appointed. It highlights in detail how the procedure would work, and predicts who would benefit […]
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