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Vulnerable Transactions in Corporate Insolvency
Vulnerable Transactions in Corporate Insolvency
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.
Table of Contents
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
Product details
| Published | Feb 13 2003 |
|---|---|
| Format | Ebook (PDF) |
| Edition | 1st |
| Extent | 576 |
| ISBN | 9781847310088 |
| Imprint | Hart Publishing |
| Publisher | Bloomsbury Publishing |
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