Full 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.
Contents
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
