The Family, Creditors, and Insolvency by Gareth MillerThe Family, Creditors, and Insolvency by Gareth Miller

The Family, Creditors, and Insolvency

byGareth Miller

Hardcover | December 3, 2004

Pricing and Purchase Info

$217.35 online 
$241.50 list price save 10%
Earn 1,087 plum® points

Prices and offers may vary in store


Ships within 1-3 weeks

Ships free on orders over $25

Not available in stores


This book considers the impact of insolvency and the claims of creditors on the family. The conflict between the interests of creditors and the interests of the family is not easy to resolve particularly in the context of a marriage breakdown, bankruptcy, or where claims concern the possessionof the family home. This is therefore an area of considerable practical importance and one that raises key issues of principle. The book provides commentary on the existing regime (covering both contentious and non-contentious matters), and also highlights new questions and problems not previously considered in any depth, including the enforceability of mortgages of the family home against surety spouses, and the impact onfamily members of application of orders for sale. It acts as a guide for family and insolvency practitioners who already have an understanding of basic procedures but need advice on the complexities when these two areas come into conflict. The book first examines the claims of creditors in this context with special emphasis on the position of secured creditors. It considers the circumstances in which a mortgage may not be binding on a spouse or cohabitant, the enforcement of mortgages, and the position of creditors and trustees inbankruptcy seeking an order for sale of the family home. Bankruptcy and other methods of dealing with insolvency are examined in the light of the Enterprise Act 2002. It addresses the practical implications of recent legislation and decisions on such matters as pensions, and examines the application of established principles such as equitable accounting. Also included are extracts from relevant statutes and the Insolvency Rules.
Professor Gareth Miller is Emeritus Professor at the Norwich Law School, University of East Anglia. He is author of Family Property and Financial Provision 3/e (1993, Tolley), The Machinery of Succession 2/e (1996, Dartmouth) and International Aspects of Succession (2000, Ashgate). He has written high level articles for many journals ...
Title:The Family, Creditors, and InsolvencyFormat:HardcoverDimensions:390 pages, 9.21 × 6.14 × 0.98 inPublished:December 3, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199269351

ISBN - 13:9780199269358


Table of Contents

1. Introduction2. The Claims of Creditors3. The Enforceability of a Mortgage4. Enforcing the Security5. Orders for Sale6. Bankruptcy7. Alternative Methods of Dealing with Insolvency8. The Effect of Insolvency on Applications for Financial Provision9. The Effect of Insolvency on Prior Transactions10. Insolvency and the Enforcement of Orders for Financial Provision11. Equitable Accounting and the Equity of ExonerationAPPENDIX 1 - Extracts from the Matrimonial Causes Act 1973APPENDIX 2 - Extracts from the Insolvency Act 1986APPENDIX 3 - Extracts from the Insolvency Rules 1986

Editorial Reviews

`Books that attempt to draw all the threads of a specific area together, trying to be all things to all lawyers, do not necessarily succeed. That is not the case here...This book provides a good starting point. It will be useful to insolvency lawyers with a limited knowledge of family law, andfamily lawyers with a limited knowledge of insolvency law...a worthy addition to any insolvency library.'Christopher Brockman (Blake Lapthorn Linnell), New Law Journal