Bankruptcy / Insolvency

Cross-Border Insolvency, 4th Edition

By Richard Sheldon
Bloomsbury Professional (formerly Tottel Publishing) January 2015

Specifications

ISBN-13
9781780435541
Publisher
Bloomsbury Professional (formerly Tottel Publishing)
Publication
January 2015
Format
Hardback , 750 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Cross Border Insolvency, 4th edition provides a comprehensive and up to date consideration of the topic of cross border insolvency. Written in a clear and accessible manner it guides the user seamlessly through this complex area of law.

The coverage of the book is divided into two parts. The first part describes the key cross-border insolvency regimes including the EC Insolvency Regulation, the UNCITRAL Model Law on Cross-Border Insolvency, section 426 of the Insolvency Act 1986, and the common law.

The second part focuses on specific issues in more detail, such as the court’s insolvency jurisdiction, ancillary winding-up, enforcement of foreign insolvency judgments, foreign discharge of debts and insolvency set-off.

The fourth edition gives full analysis of the fundamental changes to cross border insolvency law and practice in England including:

  • The impact of the Supreme Court decision in Rubin v Eurofinance;
  • The revised UK Insolvency Rules;
  • roposals for revision of the EC Insolvency Regulation;
  • Scope of section 426 – HSBC v Tambrook Jersey;
  • Developments in offshore jurisdictions: Primeo Fund and Saad Investments (Cayman), Re C (BVI);
  • Kelmsley v Barclays Bank PLC.

Table of Contents

Chapter 1: Introduction
Chapter 2: The Insolvency Regulation
Chapter 3: The UNCITRAL Model Law
Chapter 4: Assistance Pursuant to Section 426 of the Insolvency Act 1986
Chapter 5: Jurisdiction for Companies: Winding Up, Administration, CVAs and Schemes of Arrangement
Chapter 6: Recognition of Foreign Corporate Insolvency Proceedings at Common Law
Chapter 7: Ancillary Winding Up
Chapter 8: Jurisdiction for Individuals: Bankruptcy, Debt Relief Orders and IVAs
Chapter 9: Recognition of Foreign Bankruptcies at Common Law
Chapter 10: Consequences of Recognition at Common Law
Chapter 11: Bars to Common Law Recognition
Chapter 12: Enforcement of Judgments and Orders Made in Foreign Insolvency Proceedings
Chapter 13: Discharge of Debts by Foreign Insolvency Proceedings
Chapter 14: Common Law Protection for an English Insolvency Proceeding
Chapter 15: Priorities and Set-Off

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