Diploma in Insolvency Law

Course details

The Diploma in Insolvency Law is a structured programme that has been formulated to benefit for those who are practising in areas of Law where knowledge of Insolvency is essential and who may wish to practice as a Personal Insolvency Practitioner. The Diploma will also be of benefit to those who may be facing into the Insolvency Process either as individuals or in companies as it provides a comprehensive overview of both theory and practice.

This programme provides delegates with an in depth exploration of both corporate and personal insolvency law and practice. It enables delegates to appreciate the various types of insolvency, the processes for each, identify the key players in insolvency proceedings as well as the practical implications of corporate and personal insolvency.

This course designed for either those employed in areas where knowledge of Insolvency Law is essential such as accountants, auditors, solicitors, those employed in the financial sector and those employed in the debt collection sector together with those who may be facing either personal or corporate insolvency proceedings. As this course covers both the legal and practical implications of personal insolvency it is suitable for a wide raging audience.

Module One: Sessions 1-3: Introduction to Insolvency and the Insolvency Profession

This module will familiarise the learner with the basics of insolvency and the profession of an insolvency practitioner. It provides basic knowledge of the principles of insolvency and the insolvency process by way of an introduction to the course. Key concepts pertinent to the course will be explained at this stage as well as the relevant legal framework. The module will also act as an introduction to the profession of the insolvency practitioner and thus will provide an insight into ethical considerations as well as key actors in insolvency and their roles.

Module Two: Sessions 4-6: Director and Shareholders Liability

This module intends to consider the practical element of advising directors of a company in relation to insolvency. In order to do this, the duties of a director must be understood, as must the concepts of fraudulent and reckless trading and fraudulent preference. The module also aims to highlight potential consequences for directors of insolvent companies such as the potential; for restriction and disqualification.

Module Three: Sessions 7-9: Liquidation

The module aims to provide learners with a comprehensive outline of the legislative framework relating to liquidation in Ireland. The first part of the module is designed to equip learners with knowledge relating to the steps involved in, and the appropriateness of, the different forms of liquidation which are available. Emphasis is placed at each stage on the legal requirements for each type of liquidation as well as the procedural steps which must be followed during the liquidation process.

Module Four: Sessions 9-12: Receivership

This module aims to provide learners with comprehensive understanding of the receivership process. Special attention will be paid to the questions relating to the appointment and function of receivers. Learners will encounter the problems typically associated with the receivership process, including the potential for conflicts of duties and the problems that arise in the realisation of assets. The module also aims to provide learners with an awareness of the contemporary landscape of receivership, with learners encouraged to critically reflect on the potential impact of NAMA on receivership.

Module 5: Sessions 13-15: Examinership

The module aims to equip learners with the ability to navigate the examinership process from the application to appoint an examiner through to the confirmation of the examiner’s proposals. Learners will be guided through the process, as the module aims to be practical guide to the powers of the examiner and to the preparation of examiners’ reports. The module is designed to provide all learners with the ability to not only prepare but to critique such a report.

Module 6: Sessions 16-18: Effects of Insolvency

This module aims to provide and in depth understanding of the effects of the insolvency process on the company itself, the creditors, debtors, employees and revenue. It will equip the learner with a knowledge of the practical implications for the company and those involved with the company post insolvency.

Module 7: Sessions 19-21: International Insolvency

The module aims to provide a comprehensive introduction to the rules governing insolvencies with an international dimension. The module will first outline the provisions of the EU Insolvency Regulation, with the purpose of equipping learners with the knowledge necessary to identify the situations to which it applies, and the operation of foundational concepts such as the COMI doctrine and the choice of law provisions. Secondly, the module

aims to equip learners with the ability to identify and apply the correct legal rules to non-Regulation insolvencies, and to provide learners with knowledge of the UNICTRAL Model Law.

Module 8: Sessions 22-24: Personal Insolvency

This module intends to give learners a detailed knowledge of the principles of both the law and practice in relation to bankruptcy. The module will highlight the position of debtors and creditors in relation to bankruptcy proceedings. There will be a major focus on any recent legislative and policy developments relating to personal insolvency.

Overview Dublin:

This course designed for either those employed in areas where knowledge of Insolvency Law is essential such as accountants, auditors, solicitors, those employed in the financial sector and those employed in the debt collection sector together with those who may be facing either personal or corporate insolvency proceedings.