An Introduction to Post-Petition Dispositions - 3 Essential Modules for Insolvency Professionals

Introduction

This set of 3 online modules will cover post-petition dispositions under sections 127 and 284 Insolvency Act 1986.

These provisions render void any disposition of a debtor’s property between the presentation of the petition and the making of the order in compulsory liquidation and bankruptcy proceedings respectively.

The modules will outline the legislation and its interrelationship with other insolvency transaction avoidance provisions, investigate the nature of the remedies which can be sought and the defences which might be mounted and then tackle the discrete issues which arise in relation to seeking validation orders and considering transactions through bank accounts.

What You Will Learn

This webinar will cover the following:

Module 1: Introduction & Basic Principles

This module will explain the basic principles which apply to post-petition dispositions and will cover the following topics:

• The rationale for the provisions
• The differences between s127 and s284
• The relationship with other transaction avoidance provisions
• The nature of property which is subject to the rules
• The position where property is or becomes subject to security

Module 2: Claims & Defences

This module will focus on claims to recover post-petition dispositions and will include:

• Restitution and the application of tracing principles
• The defences of change of position, ministerial receipt, estoppel, set-off, limitation and laches
• The potential liability of company directors

Module 3: Obtaining a Validation Order

This module concentrates on two specific issues which frequently arise in practice:

• Validation orders
• What they give you
• When you can seek them
• How to obtain one
• Post-petition dispositions into and out of bank accounts

This webinar was recorded on 18th February 2021