基本説明
New to this edition - New material on property-related aspects and complex financial structures such as swaps and derivatives; New coverage of case law and legislative amendments arising from the Enterprise Act 2002 and the Comanies Act 2006, as well as the 2009 changes to the Insolvency Rules 1986.
Full Description
This new edition of Transaction Avoidance in Insolvencies considers a range of practical issues that arise in a typical transaction avoidance case as well as all the possible ways in which a vulnerable transaction might be attacked, in recognition of the fact that the provisions contained in the Insolvency Act 1986 might not always be the only possibilities available. Fully updated to cover legislative amendments arising from the Enterprise Act 2002 and the Companies Act 2006, as well as coverage of the 2009 changes to Insolvency Rules 1986, the book provides a timely resource for insolvency practitioners following the upturn in insolvency cases brought about by the economic crisis. Including new specialist material on property-related aspects and on transactions involving complex financial structures including swaps and derivatives, this book is essential reading for insolvency practitioners as well as company directors, banks, academics and postgraduate students of insolvency law.
Contents
A. INTRODUCTION ; 1. The rationale of transaction avoidance ; B. Transactions at an undervalue ; 4. Preferences ; 5. Extortionate credit transactions ; 6. Disclaimer ; 7. Unenforceable liens ; 8. Avoidance of general assignments of book debts ; 9. Transactions defrauding creditors ; ; 11. Matrimonial homes ; 12. Concurrent bankruptcy and divorce proceedings ; charge avoidance: Non registration ; 15. Floating charge avoidance: Late execution ; 16. Avoidance powers under the Companies Act 2006 ; 17. Misfeasance ; E. CROSS BORDER TRANSACTION AVOIDANCE ; 18. Transaction avoidance in Scotland ; 19. Cross border considerations ; F. PRACTICAL ISSUES ; 20. Evidence gathering ; 21. Overlap with other proceedings ; 22. Limitation periods ; 23. Destination of proceeds of transaction avoidance
