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Bankruptcy Procedure & Tactics Seminar

Learn about the bankruptcy process, relevant statutes and rules, types of petitions, pre-requisites for creditor's petition, responding to statutory demands, presentation of petitions, service of petition, responding to a petition, and alternative insolvency regimes.

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Bankruptcy Procedure & Tactics Seminar

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

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

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

  4. Statutory demands • Information • Service • Substituted service

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

  6. Other points for creditors • Judgment debts • Security

  7. Presentation of petition • Forum • Contents • Timing • Documents

  8. Service of petition • Personal service • Order for substituted service • Proof of service

  9. Further documents • Certificate of continuing debt • List of creditors

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

  11. Alternative insolvency regimes • IVA • Administration Order • Debt Relief Order

  12. After the bankruptcy order • Appeal • Annulment • Review, rescind or vary

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

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