Bankruptcy: Procedure & Tactics

Slides:

Advertisements

Similar presentations

Accounting for Legal Reorganizations and Liquidations

Advertisements

TOPIC 7: SHAREHOLDERS’ RIGHTS AND REMEDIES….contd

1. 2 “As in many areas of law, bankruptcy law must balance between competing interests. When an individual or business files for bankruptcy protection,

Class 9 Bankruptcy, Spring, 2009 Fraudulent Transfers Randal C. Picker Leffmann Professor of Commercial Law The Law School The University of Chicago

Legal Document Preparation Class 9Slide 1 Basic Debtor-Creditor Terminology Debtor: person who owes the money Creditor: person to whom the money is owed.

International insolvency law – basic principles within the European union.

Ronald F. Singer FINA 4330 Financial Distress Lecture 28

European Order for Payment Procedure April 22nd, 2008 Mgr. Petra Novotna.

Bankruptcy Personal Insolvency in Ireland Christopher Lehane Official Assignee in Bankruptcy Court Service.

BANKRUPTCY. COLORADO FILINGS TREASURERER’S RESPONSIBILITIES.

CREDITORS’ PETITIONS SOME PRACTICAL CONSIDERATIONS By M.D. Martin Barrister-at-Law.

Ending The Venture Sesi 11 J Entrepreneurship.

 Once bankruptcy petition filed, creditor cannot:  Receive a security interest  Perfect a security interest  Enforce a security interest (repossess)

Steps to Summarize Bankruptcy By: Destiny S Maria B.

Courts and Alternative Dispute Resolution

Chapter Six. Useful Definitions—Section 101 After reading this chapter, you will be able to: List what is included in Section 101 of the Bankruptcy Code.

Introduction to Legal Process in the United States (1) Sources of law (2) Court system (3) Judicial process Alan R. Palmiter – Jan

INSOLVENCY SUMMER 2009/2010. LECTURE 2 ACTS OF BANKRUPTCY To obtain a sequestration order, creditor has to prove that debtor has committed in act of bankruptcy.

American Tort Law Carolyn McAllaster Clinical Professor of Law Duke University School of Law.

INSOLVENCY SUMMER 2009/10. INSOLVENCY SUMMER 2009/2010 Lecture 6 TERMINATION OF BANKRUPTCY Discharge s 149 automatic discharge after 3 years, unless:s.

INSOLVENCY SUMMER 2009/10. INSOLVENCY SUMMER 2009/2010 CREDITORS’ PETITIONS Jurisdiction to make a sequestration order - s 43 [Nichols 147]s 43 Necessary.

INSOLVENCY LECTURE 7 LAW EXTENSION COMMITTEE.

Arbitration Agreements Single Premium Credit Insurance.

Are you acting as an unpaid banker for your ratepayers? Liquidation and Bankruptcy – the rates collection alternative to sale of land under the LGA.

REGULATION (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure S. Laganovskis.

Court Procedures Chapter 3.

Introduction to Legal Process in the United States

DR MAREK PORZYCKI JAGIELLONIAN UNIVERSITY KRAKOW Insolvency law - basics.

Setting Insolvency Rules - a course of understanding and persuasion Forum for Asian Insolvency Law Reform III Seoul, Nov , 2003 Prof. Soogeun OH.

Chapter Fifteen. Avoiding Powers-- Introduction After reading this chapter, you will be able to: Describe the concept and purpose of the trustee’s avoiding.

Chapter Seven. Overview of Chapter 7 After reading this chapter, you will be able to: Describe the basic events which occur in all bankruptcy proceedings.

Getting Paid !? Presentation to the Forum for the Built Environment Wednesday 5 th December 2007 Peter Blake Prettys

Chapter 35 BANKRUPTCY. 2 Bankruptcy Law Jurisdiction over bankruptcy cases is in U.S. district courts, which may refer all cases and related proceedings.

March 4, 2011 Civil Procedure.

Local Authority Recoveries – Current Issues Paul Bowden Business Development Solicitor - Insolvency.

Chapter Twelve. The Automatic Stay—11 U.S.C 362 After reading this chapter, you will be able to: Describe litigation that occurs in the bankruptcy system.

Law Reform In Plain English Insolvency and Trustee Service August 2007.

Review of insolvency framework in the light of the experience of the MG Rover collapse Tim Mocroft 12 July 2006.

Newcastle | Leeds | Manchester Income Recovery Housing Associations and Housing Management Simon Thirtle, Ward Hadaway February 2016.

Louisiana Residential Landlord-Tenant Law Gregory L. Landry Senior Attorney Acadiana Legal Service Corporation Thursday, March 9, 2006.

Section G: Legal implications relating to companies in difficulty or in crisis

Introduction to Legal Process in the United States (1) Sources of law (2) Court system (3) Judicial process.

Applicable law (rules on conflict of laws) Part 2 Dr Marek Porzycki.

 Winding up/liquidation represents the last stage in company’s life by which a company is dissolved. After winding up, the company is struck off from.

Chapter Twelve Civil Procedure Before Trial

Mortgage Lifecycle Events

CALIFORNIA CIVIL LITIGATION

Court Review of Personal Insolvency Arrangement

Introduction to Debt April 2015 Roni Marsh

BANKRUPTCY FORM B1 & FORM B101

Unit B Customized by Professor Ludlum Nov. 30, 2016.

Chapter 23 Creditor’s Rights and Bankruptcy

Statsky’s Cartwheel American Law professor William Statsky devised this word association method to help generate search terms. Parallel with recording.

International Insolvency Law 1. Insolvency law - basics

COMPANIES & INSOLVENCY

Application of the Regulation No. 1346/2000: Lithuanian Experience

Companies Act 2015 (“Act”) Fiji Institute of Accountants Symposium

STATUTORY DEMANDS & BANKRUPTCY

Helping Clients Recover Debts Community Legal Queensland

International Insolvency Law 1. Insolvency law - basics

European Insolvency Regulation

COLLECTION ISSUES Jeff Novel M. Edward Burdzinski

Writs of Mandate A Primer on Traditional and Administrative Writs

Ferrier Hodgson Administrative Supports to Judges in Insolvency Procedure: Role of Planner in Thailand By Anthony Norman.

Introduction to Law of U.S. Corporate Reorganizations

Key Knowledge The purposes and appropriateness of consumer affairs Victoria in resolving civil disputes Key Skills Discuss and justify the appropriateness.

CHAPTER 14 CORPORATE DISSOLUTION © 2010 Delmar Cengage Learning.

Victorian Civil and Administrative Tribunal

Ch.13: Leverage & Capital Structure

Presentation transcript:

Bankruptcy: Procedure & Tactics 6 July 2016 Presented by James Pickering & Madeline Dixon

Introduction This seminar The relevant statutes and rules Types of Petition Jurisdiction

Pre-requisites for creditor’s petition £5000 Liquidated sum Inability to pay No outstanding application to set aside statutory demand

Statutory demands Information Service Substituted service

Responding to a statutory demand Counterclaim, set off or cross claim Disputed debt Creditor holds security Other grounds Procedure

Other points for creditors Judgment debts Security

Presentation of petition Forum Contents Timing Documents

Service of petition Personal service Order for substituted service Proof of service

Further documents Certificate of continuing debt List of creditors

Responding to a petition Fight Technical grounds Substantive grounds Negotiate Time to pay Alternative insolvency regimes

Alternative insolvency regimes IVA Administration Order Debt Relief Order

After the bankruptcy order Appeal Annulment Review, rescind or vary

Bankruptcy: Procedure & Tactics 6 July 2016 Presented by James Pickering & Madeline Dixon