The Family, Creditors, and Insolvency

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Gareth Miller (Professor Emeritus at the Norwich Law School, University of East Anglia)

The Family, Creditors, and Insolvency

Gareth Miller (Professor Emeritus at the Norwich Law School, University of East Anglia)

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English

Oxford University Press
01 November 2004

Family law; Family law: marriage & divorce; Bankruptcy & insolvency; Property law; Social security & welfare law

This book considers the impact of insolvency and the claims of creditors on the family. The conflict between the interests of creditors and the interests of the family is not easy to resolve particularly in the context of a marriage breakdown, bankruptcy, or where claims concern the possession of the family home. This is therefore an area of considerable practical importance and one that raises key issues of principle.

The book provides commentary on the existing regime (covering both contentious and non-contentious matters), and also highlights new questions and problems not previously considered in any depth, including the enforceability of mortgages of the family home against surety spouses, and the impact on family members of application of orders for sale. It acts as a guide for family and insolvency practitioners who already have an understanding of basic procedures but need advice on the complexities when these two areas come into conflict.

The book first examines the claims of creditors in this context with special emphasis on the position of secured creditors. It considers the circumstances in which a mortgage may not be binding on a spouse or cohabitant, the enforcement of mortgages, and the position of creditors and trustees in bankruptcy seeking an order for sale of the family home. Bankruptcy and other methods of dealing with insolvency are examined in the light of the Enterprise Act 2002.

It addresses the practical implications of recent legislation and decisions on such matters as pensions, and examines the application of established principles such as equitable accounting. Also included are extracts from relevant statutes and the Insolvency Rules.

By: Gareth Miller (Professor Emeritus at the Norwich Law School University of East Anglia)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 160mm, Spine: 25mm
Weight: 707g
ISBN: 9780199269358
ISBN 10: 0199269351
Pages: 392
Publication Date: 01 November 2004
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction 2: The Claims of Creditors 3: The Enforceability of a Mortgage 4: Enforcing the Security 5: Orders for Sale 6: Bankruptcy 7: Alternative Methods of Dealing with Insolvency 8: The Effect of Insolvency on Applications for Financial Provision 9: The Effect of Insolvency on Prior Transactions 10: Insolvency and the Enforcement of Orders for Financial Provision 11: Equitable Accounting and the Equity of Exoneration APPENDIX 1 - Extracts from the Matrimonial Causes Act 1973 APPENDIX 2 - Extracts from the Insolvency Act 1986 APPENDIX 3 - Extracts from the Insolvency Rules 1986

Professor Gareth Miller is Emeritus Professor at the Norwich Law School, University of East Anglia. He is author of Family Property and Financial Provision 3/e (1993, Tolley), The Machinery of Succession 2/e (1996, Dartmouth) and International Aspects of Succession (2000, Ashgate). He has written high level articles for many journals and is also section editor in respect of Matrimonial Finance for the journal Private Client Business.

Reviews for The Family, Creditors, and Insolvency

Books that attempt to draw all the threads of a specific area together, trying to be all things to all lawyers, do not necessarily succeed. That is not the case here...This book provides a good starting point. It will be useful to insolvency lawyers with a limited knowledge of family law, and family lawyers with a limited knowledge of insolvency law...a worthy addition to any insolvency library. * Christopher Brockman (Blake Lapthorn Linnell), New Law Journal *