Download or read book Avoidance of Antecedent Transactions in English Corporate Insolvency Law written by Reza Tajarloo and published by . This book was released on 2005 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles of Corporate Insolvency Law written by Royston Miles Goode and published by Sweet & Maxwell. This book was released on 2011 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.
Download or read book Transaction Avoidance in Insolvencies written by Rebecca Parry and published by Oxford University Press, USA. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws enabling the avoidance of transactions are an important and complex part of insolvency legislation. This book is the first to be solely devoted to this topic, enabling these powers to be examined in greater depth than has previously been possible. The book analyses these provisions, andrelated rules of common law and equity, in the context of both corporate and personal insolvency law.A wide range of practical issues are considered, including the link between transaction avoidance and director disqualification proceedings; the funding of the avoidance action; and evidence gathering. The extent to which other remedies, such as an action for misfeasance, can be pursued in additionto, or as an alternative, to proceedings under the transaction avoidance provisions is examined in detailIn the area of bankruptcy law particular attention is paid to pensions, the family home and divorce proceedings.The complicated issue of cross border transaction avoidance is considered in detail.The book also contains some important new arguments relating to the issue of entitlements to any sums recovered as a result of an avoidance action, setting out the existing law, as established in Re Yagerphone but arguing that this case does not sit easily with the provisions of the Insolvency Act1986.
Download or read book English Corporate Insolvency Law written by Vaccari, Eugenio and published by Edward Elgar Publishing. This book was released on 2022-10-13 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject.
Download or read book Avoidance of Antecedent Transactions and Cross border Insolvency written by and published by . This book was released on 2014 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Insolvency Law Made Clear written by Daniel Kessler and published by Bath Publishing Limited. This book was released on 2021-06-30 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debt is a fact of life nowadays. Debt is used to help businesses grow and individuals secure their futures. But sometimes things go awry - the financial upheaval of pandemic being a prime example - and a debtor is left facing bills they cannot pay. Their creditors may then start to take legal action to recover their money and, if they are still not paid, creditors may threaten to present a bankruptcy or a winding up petition. The law and procedures involved are complex and can seem overwhelming to someone with little legal knowledge. Insolvency Law Made Clear: A Guide for Debtors aims to help such people. It is a clear, plain English guide to personal and corporate insolvency law and procedure that will help the debtor either challenge their creditors or enable them to come out the other side with the best outcome possible so they can move on to the next chapter in their life. Daniel Kessler, a barrister who represents both debtors and creditors in the insolvency courts, answers all the key questions that the reader will need to answer such as: Should a debtor go bankrupt? If not, what are the alternatives? Should the debtor resist? What is a statutory demand and what is a bankruptcy petition? What powers does a Trustee in Bankruptcy have? And can they be challenged? What are the different types of corporate insolvency? When will a director have to pay the debts of their company? What happens after a company is wound up? Crucially, he also provides invaluable tips, guidance and checklists on how to represent yourself in proceedings - sometimes, the only option where funds are tight- alongside a collection of precedent documents and forms that will help in that effort. This comprehensive combination of guidance and precedents in Insolvency Law Made Clear: A Guide for Debtors makes it an essential reference for everyone facing a debt they cannot afford to repay, whether as an individual or a business.
Download or read book Conflict of Laws in Insolvency Transaction Avoidance written by Look Chan Ho and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in considering the current state of play under English choice of law rules in insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on extraterritorial application of domestic statutes, reflect the philosophical underpinnings of universalism and draw on the US conflicts experience.
Download or read book Vulnerable Transactions in Corporate Insolvency written by John Armour and published by Bloomsbury Publishing. This book was released on 2003-02-13 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines powers and remedies available to a liquidator or administrator that render 'vulnerable' the company's prior contractual commitments or proprietary dispositions so as to enhance the asset pool available to creditors. In the process,the book does two things. First, it offers comprehensive accounts of the relevant causes of action: undervalue transactions, preferences, late floating charges, unregistered charges, transactions defrauding creditors, gratuitous corporate transactions and post-petition dispositions in liquidation. Secondly, it seeks to raise issues about the context and purpose of these causes of action, many of which have not yet been fully explored in the case law or academic literature. These are considered through a discussion of their relationship to the pari passu principle; a restitutionary analysis of the remedial provisions; and issues arising specifically in cross-border and international insolvency proceedings. The book is thus a source of reference both for insolvency litigators and for transactional lawyers seeking advice on potential vulnerability. The thematic approach and rigorous analysis will also make it of interest to an academic readership.
Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2002-09-12 with total page 661 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary examination of corporate insolvency law assesses recent reforms and anticipates new legislation.
Download or read book English Corporate Insolvency Law written by Eugenio Vaccari and published by Edward Elgar Publishing. This book was released on 2022-10-13 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject. Throughout the book, Eugenio Vaccari and Emilie Ghio demonstrate how to successfully navigate the uncharted waters of the significantly revised English corporate insolvency rules and procedures. Chapters answer foundational questions in insolvency law, such as: How are companies liquidated in England? How and why are they rescued and restructured? What happens when a company is liquidated or restructured, but has assets and creditors in England and abroad? The book also includes a comprehensive analysis of the sweeping and far-reaching changes to the regulatory framework introduced in the wake of the COVID-19 pandemic. Providing a blend of accessible but detailed guidance and critical discussion, the hybrid nature of English Corporate Insolvency Law: A Primer will make the book an ideal companion for students, practitioners (especially new entrants to the profession) and researchers in the fields of company and insolvency law, both within England and internationally.
Download or read book Creditor Treatment in Corporate Insolvency Law written by Kayode Akintola and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.
Download or read book Comparative Insolvency Law written by Bo Xie and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.
Download or read book Avoidable Transactions in the English and German Insolvency Law written by Markus Ehm and published by . This book was released on 2011 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dealing with suspicious transactions after the opening of insolvency proceedings has never proven to be an easy task for insolvency administrators. Furthermore, the worldwide economic and financial crisis has forced many international companies into insolvency, resulting in a need to reconcile different legal systems. This is the context in which this thesis aims to compare avoidable transactions in English and German law. This paper contains three main parts: legal terms and collective requirements, avoidance policy, and legal framework. As is necessary in a comparative work, the specific background on each of these three parts is described in relation to English and German law. Research and analysis based on journal articles, leading texts and case law was carried out. In order to analyse the reasons for different legislation in English and German insolvency law, it was also necessary to canvass the historical development of each. The research shows that apart from one provision in the English Insolvency Act 1986, both insolvency regimes require current formal insolvency proceedings for an avoidance of transactions. The permitted grounds for opening such proceedings in German law are split up into the two categories of illiquidity and indebtedness, whereas English law incorporates several different examples of illiquidity. From a German perspective, German insolvency law seems easier to handle than its English counterpart. The latter appears to maintain greater consistency with the case law for historical reasons. In terms of policy, there is an ongoing discussion in both countries regarding the fact that German insolvency law incorporates insolvency policy at the very beginning of the Insolvenzordnung. This research presents an astonishing contradiction between that which the Cork Committee intended about 25 years ago and the case law based on this legislation. An investigation into the historical background reveals that English avoidance law is mainly based on dishonest dealing of the debtor.
Download or read book Transaction Avoidance in Insolvencies written by Rebecca Parry and published by Oxford University Press, USA. This book was released on 2018-03-15 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Insolvency and Restructuring Manual written by Simon Beale and published by Bloomsbury Professional. This book was released on 2009-07-01 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insolvency and Restructuring Manual is a user-friendly yet comprehensive guide to corporate insolvency and restructuring, enabling you to gain a full understanding of the principles and procedures involved. This new title will guide you through the various formal insolvency processes which you might encounter, and examines the differences between them. It reviews and explains a wide range of associated topics, including: * Antecedent transactions * The position of directors * The rights of secured lenders and of other special types of creditors * The ways in which cross-border issues are dealt with The wider issues involved in the restructuring of a troubled company's debts are also examined. Insolvency and Restructuring Manual provides a clear insight into how the insolvency law concepts, and the other restructuring considerations discussed within its pages, fit together as a whole. The book provides coverage of all the important legislation concerning this area, including: * Insolvency Act 1986 * Insolvency Rules 1986 * Company Directors' Disqualification Act 1986 * The EC Regulation on Insolvency Proceedings 2000 * The Cross-Border Insolvency Regulations 2006 For ease of use, insolvency processes are represented in flow chart form along with tables which are frequently included to compare the procedures and remedies, enabling you to access the information you need quickly and freely.
Download or read book The Framework of Corporate Insolvency Law written by Hamish Anderson and published by . This book was released on 2017 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines English corporate insolvency law, in particular the procedures under the Insolvency Act 1986, from both conceptual and functional points of view. It focuses on identifying either a rational explanation for the form that the rules and institutions of the modern law take, or the history which has resulted in the present position.
Download or read book Insolvency Law written by Harry Rajak and published by . This book was released on 1993 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The worldwide depression of the 1990s, coupled with the reforms to insolvency law in the UK, has brought about the need for a better understanding of the way in which the insolvency process operates. A critique on insolvency law, this book relates that analysis to the real issues faced by practitioners who deal with domestic or foreign cases. Subjects covered in the volume are wide-ranging and include personal insolvency and family law; retention of title; cross-border issues; and rescue of insolvent companies. The examination of the last of these areas brings together the approaches of several jurisdictions outside the UK to the issues of when insolvent companies or those heading for insolvency should be saved from liquidation. As an example, knowledge of the procedure for company rescue under Chapter 11 of the US Bankruptcy Code is essential if a practitioner is to advise on the problems of collapse of a multi-national conglomerate. This collection of papers was originally presented as part of the W.G. Hart Workshop on Insolvency Law given at the Institute of Advanced Legal Studies in July 1991. The papers have been edited and updated to form this work on the operation of the insolvency process in the UK and abroad.
