Vulnerable Transactions in Corporate Insolvency
Vulnerable Transactions in Corporate Insolvency

Author: John Armour

Publisher: Bloomsbury Publishing

Published: 2003-02-13

Total Pages: 572

ISBN-13: 1847310087

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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.

Vulnerable Transactions in Corporate Insolvency
Vulnerable Transactions in Corporate Insolvency

Author: John Armour

Publisher: Hart Publishing

Published: 2003-02-13

Total Pages: 576

ISBN-13: 9781841133478

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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.

Transaction Avoidance in Insolvencies
Transaction Avoidance in Insolvencies

Author: Rebecca Parry

Publisher: Oxford University Press, USA

Published: 2018-03-15

Total Pages: 720

ISBN-13: 9780198793403

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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.

Principles of Corporate Insolvency Law
Principles of Corporate Insolvency Law

Author: Royston Miles Goode

Publisher: Thomson Sweet & Maxwell

Published: 2005-01-01

Total Pages: 673

ISBN-13: 9780421930209

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This text explores in depth the fundamental principles of corporate insolvency law and the many conceptual and analytical problems posed by the legislation and offers both theoretical and practical solutions.

Corporate Insolvency Law
Corporate Insolvency Law

Author: Vanessa Finch

Publisher: Cambridge University Press

Published: 2002-09-12

Total Pages: 662

ISBN-13: 9780521626859

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Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

Principles of Corporate Insolvency Law
Principles of Corporate Insolvency Law

Author: Royston Miles Goode

Publisher: Sweet & Maxwell

Published: 2011

Total Pages: 1189

ISBN-13: 0421966106

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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.

Corporate Insolvency: Employment and Pension Rights
Corporate Insolvency: Employment and Pension Rights

Author: David Pollard

Publisher: Bloomsbury Publishing

Published: 2022-10-24

Total Pages: 1421

ISBN-13: 1526515644

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Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.

The Law and Finance of Related Party Transactions
The Law and Finance of Related Party Transactions

Author: Luca Enriques

Publisher: Cambridge University Press

Published: 2022-06-09

Total Pages: 538

ISBN-13: 9781108453738

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A globe-spanning group of leading law and finance scholars bring together cutting-edge research to comprehensively examine the challenges legislators face in regulating related party transactions in a socially beneficial way. Combining theoretical analysis of the foundations of efficient regulation with empirical and comparative studies, readers are invited to draw their own conclusions on which regulatory responses work best under differing circumstances. The careful selection of surveyed jurisdictions offers in-depth insight into a broad variety of regulatory strategies and their interdependence with socioeconomic and political conditions. This work should be read by scholars, policymakers, and graduate students interested in a critical, much-debated area of corporate governance.

Corporate Governance and Insolvency
Corporate Governance and Insolvency

Author: Keay, Andrew

Publisher: Edward Elgar Publishing

Published: 2022-02-04

Total Pages: 448

ISBN-13: 1788979346

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This important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.

Creditor Protection in Private Companies
Creditor Protection in Private Companies

Author: Thomas Bachner

Publisher: Cambridge University Press

Published: 2009-04-16

Total Pages: 353

ISBN-13: 0521895383

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Investigates mechanisms in English and German law that protect creditors against the abuse of limited liability by directors and shareholders.