The focus of Proprietary Claims and Insolvency is the use of the trust and analogous devices by companies and individuals to gain priority over other creditors in the event of corporate collapse. It examines in detail the treatment of trusts at all stages of an insolvency, including the tracing of assets, changes in form, the investigation of profits accrued as a result of breaches in fiduciary duty, and remedies for redressing perceived injustices.
* No other book devoted exclusively to this subject
* Addresses a subject no practitioner involved with insolvency work can afford to ignore
* Confronts the practical issues at each stage of an insolvency
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ISBN-13
978-0-421-56480-0 (9780421564800)
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Schweitzer Klassifikation
Insolvency and the handling of trust assets; equality of treatment for creditors in an insolvency; diminution of trust claims; conditional payments and insolvency - the Quistclose trust; fiduciaries, bribes and constructive trusts; restitutionary proprietary claims and insolvency; mistaken payments, propietary claims and insolvency; fundamental principles of tracing misapplied assets; identification principles of tracing; knowing reciept of trust property; knowing assistance in a breach of trust.
