基本説明
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.
Full Description
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.
Contents
About the Contributors Table of Cases Table of Legislation 1. Collectivity,Management of Estates and the Pari Passu Rule in Winding-Up Michael Bridge 2. Transactions at an Undervalue John Armour 3. Transactions Defrauding Creditors John Armour 4. Preferences Adrian Walters 5. Late Floating Charges Howard Bennett 6. Registration of Company Charges Howard Bennett 7. Avoidance of Transactions as a 'Fraud on Creditors' at Common Law John Armour 8. Void Dispositions in Compulsory Winding-Up Adrian Walters 9. Restitution for Vulnerable Transactions Simone Degeling 10. Cross-border Insolvency and Vulnerable Transactions Sandra Frisby Appendix: Statutory Provisions Index
