ISBN : 9780198793403
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.
A. Introduction; 1 Introduction; 2 The rationale of transaction avoidance; B. Avoidance laws applicable in insolvency; 3 Post petition dispositions; 4 Transactions at an undervalue; 5 Preferences; 6 Extortionate credit transactions; 7 Disclaimer; 8 Unenforceable liens; 9 Avoidance of general assignments of book debts; 10 Transactions defrauding creditors; 11 Conflict with the pari passu principle; C. Issues peculiar to bankruptcy; 12 Matrimonial homes; 13 Concurrent bankruptcy and divorce proceedings; 14 Pensions (bankruptcy); D. Issues peculiar to corporate insolvency; 15 Pensions (corporate insolvency); 16 Floating charge avoidance: Non registration; 17 Floating charge avoidance: Late execution; 18 Avoidance powers under the Companies Act 2006; 19 Officeholder Claims; E. Cross border transaction avoidance; 20 Transaction avoidance in Scotland; 21 Cross border considerations; 22 Offshore jurisdictions; F. Practical issues; 23 Evidence gathering; 24 Overlap with other proceedings; 25 Limitation periods; 26 Destination of proceeds of transaction avoidance