Vulnerable Transactions in Corporate Insolvency
eBook - PDF

Vulnerable Transactions in Corporate Insolvency

  1. 576 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

Vulnerable Transactions in Corporate Insolvency

About this book

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.

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Yes, you can access Vulnerable Transactions in Corporate Insolvency by John Armour,Howard Bennett, John Armour, Howard Bennett in PDF and/or ePUB format, as well as other popular books in Diritto & Diritto fallimentare. We have over one million books available in our catalogue for you to explore.

Information

Year
2003
Print ISBN
9781841133478
eBook ISBN
9781847310088
Edition
1
Topic
Diritto

Table of contents

  1. Half Title Page
  2. Title Page
  3. Title verso
  4. Foreword
  5. Preface
  6. Contents
  7. About the Contributors
  8. Table of Cases
  9. Table of Legislation
  10. 1. Collectivity, Management of Estates and the Pari Passu Rule in Winding-up
  11. 2. Transaction at an Undervalue
  12. 3. Transactions Defrauding Creditors
  13. 4. Preferences
  14. 5. Late Floating Charges
  15. 6. Registration of Company Charges
  16. 7. Avoidance of Transactions as a 'Fraud on Creditors' at Common Law
  17. 8. Void Dispositions in Compulsory Winding Up
  18. 9. Restitution for Vulnerable Transactions
  19. 10. Cross-border Insolvency and Vulnerable Transactions
  20. Appendices
  21. Index