The Practitioner’s Personal Insolvency Handbook
Authors: Tim Bracken
Published Jan 2013
The Practitioner’s Personal Insolvency Handbook is designed specifically for the legal practitioner giving an overview of debt collection and procedure in relation to personal (not corporate) insolvent clients.
The book contains an outline of the various debt collection procedures in the courts where the procedure is quite distinct depending whether one is in the District, Circuit or High Court. There is a separate chapter dealing with the particular procedure in each court.
The Practitioner’s Personal Insolvency Handbook explains how to enforce a judgment once obtained, how to register it as a judgment mortgage and how to ultimately obtain an Order for Sale of a premises over which a judgment mortgage has been registered. It explains mortgage suit proceedings whether the basis of the mortgage is a legal charge, an equitable mortgage or a judgment mortgage.
A chapter on how to attach debts by garnishee order or the appointment of a Receiver by way of equitable execution is also included as well as a chapter explaining the procedure up to the point of petitioning the High Court to have a person adjudicated a bankrupt. Finally there is a chapter on Mareva Injunctions.
Each chapter contains an explanation of the steps required to obtain the individual orders and also contains various precedents of proceedings and necessary forms.
Advice for the Insolvent
Debt Collection in the District Court
Debt Collection Circuit Court
Debt Collection High Court
Enforcement of Judgments
Mortgage Suit Proceedings
Attachment of Debts by Garnishee Orders and Appointment of Receiver by way of Equitable Execution
An Overview of the Personal Insolvency Act
About the Author
Tim Bracken is a practising barrister and author of Criminal Definitions and co-author of The Probate Handbook and The Probate Handbook Companion,