The legal duty of the insolvency courts to apply insolvency set off in all insolvency proceedings is mandatory and is said to be self-executing. Failure to apply set off when there are cross claims arising between a creditor and alleged bankrupt renders the proceeding fundamentally defective and void from the outset. Insolvency set off.
Deliberate failure by a judge to apply the law is…
In this article we provide the pièce de résistance guide to setting aside void orders, the difference between a void order and one that is voidable, setting aside orders founded by fraud and citing a number of authorities that assist in establishing a motion to set aside…
In this article we provide invaluable insight as to how to deal with judicial bias and how to successfully recuse a judge (disqualify a judge) who is perceived to, or has compromised judicial impartiality. Judicial bias, judicial disqualification, recuse judge, recusal…
