Welcome to the Summer/Autumn 2012 edition of our e-zine update on Insolvency and Corporate Recovery.

Since our Spring e-zine the Personal Insolvency Bill has been published and it is now moving swiftly through the legislative debate process. Over the summer months, it was considered and amended by the Select Committee on Justice, Defence and Equality. It is anticipated that the Government’s Report Stage in respect of this Bill will commence in October.  This is the most radical legislation introduced to address contemporary aspects of personal insolvency and is expected to transform the landscape against which the affairs of persons in financial distress can be restructured, whether relating to mortgage debt or otherwise. Keep an eye on our website for further updates.

Also in the area of personal bankruptcy, we report on the High Court’s decision in the Ivan Yates bankruptcy case on the application of conclusive evidence clauses and related issues.

EU insolvency regulation and cross-border issues continue to generate developments and we report on the recent Irish cases in this area, including two High Court decisions on the recognition of non-EU insolvency proceedings.

We hope you find this e-zine informative. If you require any further information please contact any member of the Insolvency and Corporate Recovery Group.

To view the articles, please click on the relevant link below:

• Recognition of Foreign Insolvency Proceedings
• The Fairfield Sentry Case
• The Mount Capital Case
• High Court Dismisses Ivan Yates Bankruptcy Summons
• Treasury’s Challenge to NAMA Enforcement Dismissed
• Receivers – Beware the Prior Occupant!
• Failure to Comply with Code of Conduct on Mortgage Arrears Defeats Possession Proceedings
• High Court Refuses to Declare Company Secretary/Book-Keeper a Shadow Director
• Better Than Expected Result for Atlantic Homecare as it Exits Examinership
• Limited Intervention by the Court in the Conduct of an Examiner
• Winding-Up Order Granted Notwithstanding NAMA Had Security Over All Assets
• Statute of Limitations – Inside or Outside the Liquidation?
• The Relationship Between the Insolvency Regulation and the Brussels Regulation