Transaction Avoidance in Insolvencies
3rd Edition
Published on 15. March 2018
Book
Hardback
712 pages
978-0-19-879340-3 (ISBN)
Description
The third edition of Transaction Avoidance in Insolvencies considers all the possible ways in which a vulnerable transaction might be attacked, as well as practical issues that can arise in a typical transaction avoidance case.
This new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Rules 1986, which came into force in 2017. The text also now incorporates an international dimension, which includes an analysis of the revised EU Regulation on Insolvency Proceedings. There is also comprehensive coverage of important new case law.
Written by a team of well-known specialists, Transaction Avoidance in Insolvencies provides a detailed account of this complex area from a practical perspective.
This new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Rules 1986, which came into force in 2017. The text also now incorporates an international dimension, which includes an analysis of the revised EU Regulation on Insolvency Proceedings. There is also comprehensive coverage of important new case law.
Written by a team of well-known specialists, Transaction Avoidance in Insolvencies provides a detailed account of this complex area from a practical perspective.
Reviews / Votes
such a well-organised and carefully thought-through book represents a "must read" for all students, scholars and practitioners interested in English corporate insolvency and bankruptcy law. * Eugenio Vaccari, Journal of International Banking Law and Regulation * In summary, there is not a practitioner nor a scholar in Europe in the field of insolvency law who would not greatly benefit from reading the book. * Rolef de Weijs, Eurofenix *More details
Edition
3rd Revised edition
Language
English
Place of publication
Oxford
United Kingdom
Target group
College/higher education
Professional and scholarly
Edition type
Revised edition
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 244 mm
Width: 175 mm
Thickness: 38 mm
Weight
1225 gr
ISBN-13
978-0-19-879340-3 (9780198793403)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Rebecca Parry is a Professor at Nottingham Law School at Nottingham Trent University, specialising in corporate insolvency law.
James Ayliffe QC is at Wilberforce Chambers and has a particular expertise in real estate related insolvency.
Sharif Shivji is a leading junior at 4 Stone Buildings specialising in insolvency and, as a former derivatives trader, has specialist knowledge of the financial markets. He is the current Chambers & Partners Company and Insolvency Junior of the Year.
James Ayliffe QC is at Wilberforce Chambers and has a particular expertise in real estate related insolvency.
Sharif Shivji is a leading junior at 4 Stone Buildings specialising in insolvency and, as a former derivatives trader, has specialist knowledge of the financial markets. He is the current Chambers & Partners Company and Insolvency Junior of the Year.
Content
A. Introduction
1: Introduction
2: The rationale of transaction avoidance
B. Avoidance laws applicable in insolvency
3: Post petition dispositions
4: Transactions at an undervalue
5: Preferences
6: Extortionate credit transactions
7: Disclaimer
8: Unenforceable liens
9: Avoidance of general assignments of book debts
10: Transactions defrauding creditors
11: Conflict with the pari passu principle
C. Issues peculiar to bankruptcy
12: Matrimonial homes
13: Concurrent bankruptcy and divorce proceedings
14: Pensions (bankruptcy)
D. Issues peculiar to corporate insolvency
15: Pensions (corporate insolvency)
16: Floating charge avoidance: Non registration
17: Floating charge avoidance: Late execution
18: Avoidance powers under the Companies Act 2006
19: Officeholder Claims
E. Cross border transaction avoidance
20: Transaction avoidance in Scotland
21: Cross border considerations
22: Offshore jurisdictions
F. Practical issues
23: Evidence gathering
24: Overlap with other proceedings
25: Limitation periods
26: Destination of proceeds of transaction avoidance
1: Introduction
2: The rationale of transaction avoidance
B. Avoidance laws applicable in insolvency
3: Post petition dispositions
4: Transactions at an undervalue
5: Preferences
6: Extortionate credit transactions
7: Disclaimer
8: Unenforceable liens
9: Avoidance of general assignments of book debts
10: Transactions defrauding creditors
11: Conflict with the pari passu principle
C. Issues peculiar to bankruptcy
12: Matrimonial homes
13: Concurrent bankruptcy and divorce proceedings
14: Pensions (bankruptcy)
D. Issues peculiar to corporate insolvency
15: Pensions (corporate insolvency)
16: Floating charge avoidance: Non registration
17: Floating charge avoidance: Late execution
18: Avoidance powers under the Companies Act 2006
19: Officeholder Claims
E. Cross border transaction avoidance
20: Transaction avoidance in Scotland
21: Cross border considerations
22: Offshore jurisdictions
F. Practical issues
23: Evidence gathering
24: Overlap with other proceedings
25: Limitation periods
26: Destination of proceeds of transaction avoidance