Individual Insolvency - Bankruptcy Restrictions Orders

Individual Insolvency - Bankruptcy Restrictions Orders

  • 1 ratings, 57 users enrolled

Course Overview

  1. In a nutshell, the court can make a bankruptcy restrictions order (BRO) against an individual if the official receiver suspects that they have been dishonest or are to blame for their debts, for example if an individual borrowed money that they could not repay, if they neglected their business interests and their debts increased or if they sold assts for less than their value.

During this session Rachel Coyle of 36 Civil (The 36 Group) will provide viewers with an overview of the bankruptcy restrictions regime as set out in section 281A and Schedule 4A of the Insolvency Act 1986 (IA 1986) and will ensure that viewers understand the differences between bankruptcy restrictions orders (BROs), bankruptcy restrictions undertakings (BRUs) and interim BROs (IBROs).

This is a practical session and guidance will be offered in respect of the following:

·         Grounds for making a bankruptcy restrictions order

o    Applicants for a bankruptcy restrictions order

o    Time limit for making application

·         Interim bankruptcy restrictions orders

o    Duration of an interim bankruptcy restrictions order

·         Bankruptcy restrictions undertakings

o    Duration of a bankruptcy restrictions undertaking

·         Effect of an annulment of a bankruptcy order on a bankruptcy restrictions order under section 282(1)(a)

·         Effect of an annulment in under the Insolvency Act 1986 and under section 261 or 282(1)(b) of the Insolvency Act 1986

·         What the register of bankruptcy restrictions orders is

·         What happens if there is breach of a bankruptcy restrictions order or undertaking

What are the requirements?

  • Watch the recorded webinar and review the reference notes and optional evaluation form to test your legal knowledge.
  • This course provides 1 CPD point

Learning Outcomes

  • On completion of this course you will:
  • • Have a greater understanding of how the bankruptcy restrictions regime works
  • • Have received guidance on the grounds for making a BRO and how to do so in practice
  • • Feel confident when advising clients regarding individual insolvency

What is the target audience?

  • Insolvency and commercial practitioners

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About Instructor - Rachel Coyle

Rachel is a specialist Civil Barrister at The 36 Group and enjoys a thriving practice in general civil and commercial work.

Rachel has been praised for her tenacity, determination and sound, thorough legal knowledge by clients, judges and opponents. She is committed to providing practical advice in a timely manner and pays attention to detail in complex factual and legal matters. Rachel has been described by clients as courteous, very personable and approachable.

Before coming to the Bar and joining 36 Civil, Rachel worked as a Legal and Finance Associate at Seneca Banking Consultants dealing primarily with claims against banks in the pre-litigation stage that engaged in the sale of Interest Rate Hedging products, Fixed Rate Tailored Business Loans, GRGs, Annuities and Currency Swaps. Rachel handled a case load of over 150 clients including premiership footballers, hoteliers, accountants, private residential and commercial landlords, private student halls of residence companies, private hospitals, farmers, car dealerships and private individuals.

Rachel is also direct access qualified.

Course Curriculum

Recorded Webinars

  • Webinar
    00:35:35

Supporting Documentation

  • Notes
    5 Page
  • Slides
    11 Page
  • Evaluation
    1 Page

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