The Insolvency Act 1986 and the Bankruptcy (Scotland) Act 2016 set out our rights as insolvency practitioners to investigate various transactions occurring prior to formal insolvency.
Our overall aim is to recover funds diverted from the company or estate, that would otherwise have been available to the creditors on appointment.
This course looks at the statutory framework for those challenges, the evidential requirements for a successful challenge, the likely defences, and some of the leading court decisions that set the precedent in this area.
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