As the radical reforms contained in the Enterprise Act 2002 have come fully on-stream, Personal Insolvency Law has become a major focus of attention. At the same time, all evidence points to increasing levels of personal debt with the consequential rise in bankruptcies. Personal Insolvency Law, Regulation and Policy therefore provides a timely evaluation of the current state of English law in this important area. The volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of current policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy. The book will be a valuable guide for students and academics engaged in the study of this increasingly important branch of private law. The study will also be of value to practitioners and policy makers.
Table of Contents
Contents: Foreword; Table of cases; Table of legislation; Abbreviations used for law reports and periodicals; Series Editor's Introduction, Geraint Howells; Surveying the topography of personal insolvency and the law; Legality and personal insolvency procedures; The bankrupt's estate; The institution of stewardship in personal insolvency law; Fundamental rights in bankruptcy law; Balancing non-debtor interests; Rehabilitation; Final reflections: the challenge of personal insolvency law; Bibliography; Subject index.
David Milman is CMS Cameron McKenna Professor of Corporate and Insolvency Law at the School of Law, University of Lancaster, UK. He chairs the Insolvency Lawyers Association Academic Advisory Group and is editor of Insolvency Lawyer. He is also the author of numerous articles and books in this area.
'No such negativity can possibly be leveled against this new text...Professor Milman provides the best coverage of the historic development of English bankruptcy law since Professor David Graham QC's Landmarks article...this text is a must for institutional libraries where bankruptcy law is taught at undergraduate and postgraduate levels. But more interestingly this text is an absolute must for all insolvency lawyers and insolvency practitioners, indeed anybody with an interest in the subject.' Insolvency Law & Practice 'This text is an extremely useful addition to what still can be viewed as an undeveloped corner of the law library by a distinguished commentator and author. David Milman is of course the co-author of what many regards as the leading annotated guide to the overall insolvency legislation. All in all this is an extremely thoughtful publication. The bibliography, which has obviously been carefully assembled, occupies nearly 10 pages and in the opinion of this reviewer is worth the price of the publication alone.' The Journal of Business Law '...this eminently readable monograph has many merits with which to commend it. The work is readily accessible to those with little pre-existing knowledge of personal insolvency law, and may well foster a genuine interest in the subject amongst such readers, whilst being sufficiently in-depth, despite the limited space available, to satisfy even the most knowledgeable of readers. The reviewer was immediately gripped, as page one begins by detailing a number of historical figures who have been declared bankrupt. Such detail cannot fail to appeal to students, academics and practitioners alike.' The Law Teacher