Vulnerable Transactions in Corporate Insolvency

Overview

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: undervalued transactions, preferences, late floating charges, unregistered charges, transactions defrauding creditors, gratuitous corporate transactions and ...
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Overview

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: undervalued 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.
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Product Details

  • ISBN-13: 9781841133478
  • Publisher: Hart Publishing (UK)
  • Publication date: 2/13/2003
  • Pages: 576
  • Product dimensions: 15.60 (w) x 23.40 (h) x 45.00 (d)

Table of Contents

About the Contributors
Table of Cases
Table of Legislation
1 Collectivity, Management of Estates and the Pari Passu Rule in Winding-Up 1
2 Transactions at an Undervalue 37
3 Transactions Defrauding Creditors 95
4 Preferences 123
5 Late Floating Charges 183
6 Registration of Company Charges 217
7 Avoidance of Transactions as a 'Fraud on Creditors' at Common Law 281
8 Void Dispositions in Compulsory Winding-Up 331
9 Restitution for Vulnerable Transactions 385
10 Cross-border Insolvency and Vulnerable Transactions 427
App.: Statutory Provisions 477
Index 517
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