Property Possession & Sale Proceedings in Bankruptcy - Key Issues Explored
This new full day course will cover the different stages of dealing with an application for possession and sale of a property in which the bankrupt has an interest, covering common pitfalls along the way to prevent the proceedings becoming de-railed once litigation is on foot.
You will learn about the best ways of dealing with occupiers and how to avoid common issues in both the type of notices to serve and how to serve them.
- What will amount to exceptional circumstances and what order the court will make
- What to do if the property is based in England and Wales but the bankruptcy proceedings are abroad
- What to do if the bankrupt’s former trustee in a previous bankruptcy sold the property to an associate for no money on the basis that it was in negative equity, but there is now substantial equity (Re Lowe)
The course is aimed at lawyers who are likely to become involved in drafting and issuing proceedings for possession and sale of a property in which a bankrupt has an interest and those who may be acting for the family members or occupiers.
What You Will Learn
This course will cover the following:
- Main principles in bringing an application for possession and sale under the Insolvency Act 1986 including:
- The key principles relating to solely owned properties
- The key principles relating to jointly owned properties
- The key principles relating to properties where the bankrupt is not on the legal title
- Dealing with occupiers including:
- Service of property notices in an insolvency context
- The type of proceedings to bring against occupiers
- Common issues arising where the property is the bankrupt’s home
- A brief look at common issues where the individual insolvency proceedings are located in another jurisdiction but the property is in England or Wales
- Drafting effective witness statements for insolvency proceedings in light of Hellard v Graiseley Investments Limited 
- How to deal with capacity issues arising during the proceedings
Please let us know if you wish to be notified.
Please let us know if you wish to be notified when new dates are added for this programme