Handbook

The course intends to provide an understanding of the law and practice relating to personal bankruptcy law and to corporate insolvency. It has become increasingly important, if not, essential, for all lawyers to understand when and how the law regulates and deals with the results of commercial entities and/or individuals faltering financially.

The course examines the various regimes of insolvency, the effects of insolvency on the debtor, the rights of creditors, how the law regulates the claims of competing creditors, the role of the insolvency practitioner, the recovery and distribution of assets and the investigation of the causes of the financial faltering. The course will also focus upon the interaction between insolvency law and other branches of law as well as the socio/economic implications of insolvency law.

Main Topics

• Introducing the aims of Insolvency Law and the historical background;
• Concepts and role-players;
• Personal Bankruptcy:
  • Measuring bankruptcy and insolvency;
  • The impact of insolvency on the debtor;
  • Recovery of assets;
  • Administration of the estate;
  • Non bankruptcy arrangements;
  • Ending of bankruptcy.

• Corporate Insolvency:
  • Different insolvency regimes;
  • Provisional and Final Liquidation;
  • Voluntary and compulsory winding-up;
  • The effects of winding-up;
  • Recovery of assets;
  • Administration of the estate;
  • Criminal and civil liability of directors;
  • Termination of the winding-up
  • Schemes of arrangement;
  • Receivership;
  • Voluntary administration;
  • Deeds of company arrangement
  • Cross-Border Insolvency
  • Restructuring.