Claims by Trustees in Bankruptcy: A Practical Guide to Causes of Action

Claims by Trustees in Bankruptcy: A Practical Guide to Causes of Action

Once an individual is adjudged bankrupt, the Trustee in Bankruptcy has obligations to investigate the business and affairs of the bankrupt. Part of this investigation is to consider whether there are any causes of action that arises which may produce realisations for the bankruptcy estate.

This course will discuss the following causes of action:

· Avoidance of dispositions of property made by the bankrupt after the presentation of the bankruptcy petition

· Challenging transactions at an undervalue pursuant to Section 339 Insolvency Act 1986

· Challenging preferences pursuant to Section 340 Insolvency Act 1986

· Extortionate credit transactions pursuant to Section 343 Insolvency Act 1986

· Excessive pension contributions pursuant to Section 342 Insolvency Act 1986

· Possession and sale of the bankrupt’s property – the “Use it or Lose it Provision” – Section 283(A) Insolvency Act 1986

· Income payments orders and undertakings – Section 310 Insolvency Act 1986 - what happens to the bankrupt’s excess income

The webinar will discuss including what to look for, what is required to prove the claim and any potential defences:

Who Should Attend?

This course is suitable for:

• Licensed insolvency practitioners and their staff
• Lawyers advising trustees in bankruptcy
• Lawyers practising in insolvency or commercial litigation
• Restructuring and insolvency lawyers
• Bankruptcy case managers and insolvency administrators
• Accountants and advisers involved in personal insolvency

Learning Outcomes

By the end of the session, delegates should be better able to:

• Identify the principal statutory causes of action available to a trustee in bankruptcy
• Recognise when a transaction may be vulnerable to challenge under the Insolvency Act 1986
• Understand the legal tests that apply to transactions at an undervalue, preferences and other recovery claims
• Assess the evidence required to pursue or defend common bankruptcy claims
• Recognise the principal statutory defences that may be available
• Advise more confidently on claims relating to post-petition dispositions, excessive pension contributions and extortionate credit transactions
• Understand the trustee's powers in relation to possession and sale of the bankrupt's property, including the "use it or lose it" provisions
• Understand how income payments orders and income payments agreements operate in practice
• Identify practical issues that commonly arise during investigations into a bankrupt's affairs
• Apply the relevant statutory provisions more confidently to real-life bankruptcy cases

Price: £199 + VAT for the first delegate BUT this is a per organisation price, so up to 10 of your colleagues from the same organisation can participate at absolutely no extra charge, even if they are viewing it from a different location or at a different time. So, of course, if there are 11 of you the cost per delegate would be just £18.09 each.

Delegates will receive full course materials, including a recording of the session, downloadable slides, and (on request) a CPD certificate.

For smaller firms with 4 or less partners, the price is £99, which is for a single place with no additional free places

This course is presented by Rachel McCahill, a highly experienced presenter and a solicitor who has worked within the insolvency profession for 26 years.

Important Notes about Booking

1. Please ensure that, when booking, you get colleagues' email addresses entirely correct as failure to do so will probably mean that they will not receive joining instructions

2. Payment can be made by credit or debit card or alternatively by invoice. The option to pay by invoice is below the pay by card option in the booking form

3. If you have more than 11 delegates then extra delegates are £20 each.

4. If you don't have the complete list of who will be attending you can book for those that you know will be attending and add the others at a later date


The Legal Training Consultancy

The Legal Training Consultancy is a full-service training consultancy with a large portfolio of conferences, courses and trainers. Over the years we have been responsible for putting together a vast number of law and management related conferences, webinars, seminars, videos and e-learning modules. Altogether substantially more than 2200.