Transaction Avoidance in Insolvencies / Edition 2

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Transactions entered into when a company or individual is insolvent or bankrupt can be declared void by the courts. This book analyses in detail the circumstances in which a transaction will or will not be declared void, and looks at the practical issues surrounding such declarations, including evidence gathering, procedure and the relationship with director disqualification and other insolvency proceedings.
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Product Details

  • ISBN-13: 9780199583799
  • Publisher: Oxford University Press
  • Publication date: 4/30/2011
  • Edition number: 2
  • Pages: 750
  • Product dimensions: 9.80 (w) x 7.00 (h) x 1.90 (d)

Meet the Author

Rebecca Parry is a Lecturer in Law at the University of Leicester.
The Consultant Editor, Hamish Anderson, is a Partner with the City firm of Norton Rose solicitors, and a leading practitioner specializing in insolvency law.

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Table of Contents

A. Introduction
1. The rationale of transaction avoidance, Rebecca Parry
B. Avoidance laws applicable in insolvency
2. Post petition dispositions, Rebecca Parry & Sharif Shivji
3. Transactions at an undervalue, Rebecca Parry & Sharif Shivji
4. Preferences, Rebecca Parry & Sharif Shivji
5. Extortionate credit transactions, Rebecca Parry
6. Disclaimer, James Ayliffe
7. Unenforceable liens, Rebecca Parry
8. Avoidance of general assignments of book debts, Rebecca Parry
9. Transactions defrauding creditors, James Ayliffe
10. Conflict with the pari passu principle, Rebecca Parry & Sharif Shivji
C. Issues peculiar to bankruptcy
11. Matrimonial homes, Rebecca Parry
12. Concurrent bankruptcy and divorce proceedings, Rebecca Parry
13. Pensions, Emily Campbell & James Ayliffe
D. Issues peculiar to corporate insolvency
14. Floating charge avoidance: Non registration, Rebecca Parry
15. Floating charge avoidance: Late execution, Rebecca Parry
16. Avoidance powers under the Companies Act 2006, Rebecca Parry
17. Misfeasance, Rebecca Parry
E. Cross border transaction avoidance
18. Transaction avoidance in Scotland, Rebecca Parry
19. Cross border considerations, Rebecca Parry
F. Practical issues
20. Evidence gathering, Sebastian Allen & James Ayliffe
21. Overlap with other proceedings, Rebecca Parry & Sharif Shivji
22. Limitation periods, James Ayliffe
23. Destination of proceeds of transaction avoidance, Rebecca Parry

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