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Individual Voluntary Arrangements

AuthorsStephen Lawson
PublisherJordan Publishing
ProductIndividual Voluntary Arrangements Looseleaf+CD£325
Service2 updates p.a. - approx £110 each

Features

Individual Voluntary Arrangements is the only work devoted to this important aspect of personal insolvencies. Providing practical comprehensive explanation of the law of IVAs, this work forms an essential reference tool for anyone supervising or advising on personal insolvency.

The new loose-leaf format with regular updating ensures that you are always kept fully up to date with relevant case-law and changes to practice and procedure. Important developments are examined in detail and invaluable practical guidance provided.

Also included with the book is a CD-ROM containing completely updated professionally drafted precedents and specimen IVA proposals in all commonly used word processing formats. Stripped of annotation and ready for individual adaptation this alone will save hours of drafting time.

Contents

  • Introduction
  • Formation
  • Partnerships
  • The Proposal - General Considerations
  • Particular Assets and Liabilities
  • Real Property
  • The Proposal - Specific Considerations
  • Proceedings for the Interim Order
  • Non-Interim Order Procedure
  • Role of Nominee and Nominee's Report
  • Giving and Receiving Notice of Creditors' Meeting
  • The Creditors' Meeting
  • Effect of Approval
  • Challenge of the Meetings' Decision and Rule 5.22 Appeals
  • Implementation and Supervision od the Arrangement
  • Liability of Office Holder
  • Appointment 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 Transactions
  • Foreign Considerations
  • Precedents (complete list below)

Reviews

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>

Author

Stephen A Lawson, Consultant, Licensed Insolvency Practitioner, Foot Anstey Sargent

List of precedents

Draft Proposal and Related Materials

1Draft Proposal
2Draft Nominee's Report - Positive
3Draft Nominee's Report - Negative
4Nominee's Checklist
5Standard Conditions for Individual Voluntary Arrangements
5AStandard Conditions for Individual Voluntary Arrangements
5BStandard Conditions for Individual Voluntary Arrangements
5CPresident's Letter
6Specific Provisions for Inclusion in Proposal
6AProposal to Creditors for a Fast-track Voluntary Arrangement in Satisfaction of Debts

Prescribed and Other Forms

7Notice of Application for Interim Order
8Affidavit in Support of Application for Interim Order
9Notice to Intended Nominee
10Order granting stay pending hearing of application for Interim Order (Form 5.1)
11Interim Order of Court under section 252 of the Insolvency Act 1986 (Form 5.2)
12Interim Order - One-stage Procedure
13Order extending effect of Interim Order (Form 5.3)
13ADocuments to be submitted to Court under Rule 5.14 (Form 5.5)
14Letter accompanying Notice of Meeting of Creditors
15Notice of Meeting of Creditors
16Affidavit of Postage of Notice of Meeting of Creditors
17Meeting of Creditors - Attendance Register
18Notice of Adjournment of Meeting of Creditors
19Chairman's Report to Court
20Supervisor's Report to Creditors
21Notice to Secretary of State: Appointment of Supervisor
22Alternative Orders to be Made at a Hearing to Consider Chairman's Report (Form 5.4)
23Bankruptcy Petition for Default in Connection with Voluntary Arrangement (Form 6.10)
23ANotice to Creditors under Rule 6.10(6)
24Affidavit in Support of Default Petition
25Debtor's Bankruptcy Petition (Form 6.27)
26Statement of Affairs (Debtor's Petition) (Form 6.28)
27Statement of Affairs (Creditors' Petition (Form 6.33)
28Order of Appointment of Insolvency Practitioner to Prepare a Report under section 274(1) of the Insolvency Act 1986 (Form 6.29)
29Proof of Debt - General Form (Form 6.37)
30Affidavit of Debt (Form 6.39)
31Originating Application (Form 7.1)
32Ordinary Application (Form 7.2)
33Proxy (Company or Individual Voluntary Arrangements) (Form 8.1)
34Notice of Creditors' Meeting - Amendment and Variation of Proposal
35Standard Modifications of the Voluntary Arrangement Service
36Certificate of Default and Notice of Non-Compliance
37Order for the Removal or Appointment of Supervisor

Draft Letters

38Draft Letter: Nominee to Debtor
39Draft Letter of Authority by the Debtor - General
40Draft Letter: Nominee to Debtor's Spouse
41Draft Letter of Authority: Debtor to his Solicitor
42Draft Letter of Authority: Debtor to his Accountant
43Draft Letter of Authority: Debtor to a Secured Creditor
44Draft Letter of Authority: Debtor to an Unsecured Creditor
45Draft Letter of Authority: Debtor to Bank or Building Society
46Draft Letter of Authority: Nominee to Creditor Taking Proceedings
47Draft Letter: Nominee to Preferential Creditor
48Draft Letter: Nominee to Third Party Willing to Inject Funds
49Draft Letter: Nominee to Court to Hear Application for Charging Order
50Draft Letter: Nominee to Official Receiver/Trustee prior to a Proposal for an IVA
51Draft Undertaking
52Draft Letter to Creditor which Asserts it is not Bound by IVA
53Draft Letter: Supervisor's Solicitors to Debtor before Presentation of Default Petition

Supervisor's Checklist and Related Materials

54Supervisor's Checklist
55File Review
56Record of Debtor's Instalments/Contributions
57Draft Rule 5.31 Report
58Rule 5.34 Report

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