基本説明
This new 2nd edition reflects changes in the Companies Act 2006 and Banking Act 2009, the latest amendments to the Insolvency Rules, etc.
Full Description
The title has been fully updated to reflect amendments to the Insolvency Act 1986 by the Legislative Reform (Insolvency) (Miscellaneous Provisions) Order 2010 and to the Insolvency Rules 1986 by the Insolvency (Amendment) Rules 2010. Significant new case materials have been added to cover the important decisions of Re Madoff, Re Lehman Brothers, Masri V consolidated Contractors International, Nationwide Building Society v Wright, re Stanford International Bank as well as Personal insolvency authorities such as Paulin v Paulin. The title covers the final amendments to the Companies Act 2006 (registration of charges, overseas companies, dissolution and restoration to the register, and director disqualification under foreign jurisdictions) and discusses the changes made by the Banking Act 2009 introducing new insolvency and administration regime for banks and building societies. It provides expert commentary on new Part 7A and Schedules 4ZA and 4ZB into the Insolvency Act providing for the new Debt Relief Orde
Contents
Nature and Status of Office Holders under Insolvency Act 1986. Formalities and Court Practice in Insolvency Litigation. Office Holders' remuneration, Costs an Expenses. Costs Orders Affecting Office Holders in Insolvency Litigation. Funding the Action. Misfeance Proceedings and Duties Owed to the Company. Fraudulent Trading. Wrongful Trading. Transactions-at-undervalue. Preferences. Avoidance of floating Charges under S245 Insolvency Act 1986. Transactions Defrauding creditors and the Protections of Assets from creditors. Set-off. Assertion of Liens in Formal Insolvency Proceedings. Third Parties Act 1930 and Insolvency. Validating Orders under S127 Insolvency Act 1986. Obtaining Information and Enforcement under Sections 236 and 366. Cross-border Considerations.
