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dc.contributor.authorWalton, Peter
dc.date.accessioned2008-05-15T14:16:02Z
dc.date.available2008-05-15T14:16:02Z
dc.date.issued2003
dc.identifier.citationCommon Law World Review, 32(2); 179-210
dc.identifier.issn1473-7795
dc.identifier.urihttp://hdl.handle.net/2436/26352
dc.description.abstractThe Lord Chancellor’s Department is improving methods of enforcing judgments and Parliament is revamping insolvency law. Little, if any, analysis appears to have been made as to how enforcement operates in formal insolvency procedures. The case law dealing with whether or not an execution creditor becomes a secured creditor is a maze if not a minefield. The issue is of paramount importance when the judgment debtor is insolvent. Depending upon which insolvency procedure is in operation and which type of execution has been chosen, the creditor may be either in a very strong or a pitifully weak position.
dc.language.isoen
dc.publisherVathek Publishing Ltd
dc.relation.urlhttp://scholar.google.co.uk/scholar?hl=en&lr=&q=info:xzlL8JnQntsJ:scholar.google.com/&output=viewport&pg=1http://www.vathek.com/clwr/contents.php?vi=32.2
dc.subjectInsolvency law
dc.subjectCompany administration
dc.subjectBankruptcy
dc.subjectCharging orders
dc.subjectCreditors
dc.subjectFieri facias
dc.subjectThird party debt orders
dc.subjectWrits of execution
dc.subjectConsumer law
dc.subjectCivil procedure
dc.titleExecution Creditors - (almost) the Last Rights in Insolvency
dc.title.alternativeRecent Developments in the Common Law World VII: Execution Creditors - (almost) the Last Rights in Insolvency
dc.typeJournal article
dc.identifier.journalCommon Law World Review
html.description.abstractThe Lord Chancellor’s Department is improving methods of enforcing judgments and Parliament is revamping insolvency law. Little, if any, analysis appears to have been made as to how enforcement operates in formal insolvency procedures. The case law dealing with whether or not an execution creditor becomes a secured creditor is a maze if not a minefield. The issue is of paramount importance when the judgment debtor is insolvent. Depending upon which insolvency procedure is in operation and which type of execution has been chosen, the creditor may be either in a very strong or a pitifully weak position.


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