Bankruptcy / Insolvency Law Recommended for You

Insolvency Law: Corporate and Personal, 6th Edition

Edited by Professor Andrew Keay · Dr Peter Walton
LexisNexis U.K. August 2024

Specifications

ISBN-13
9781474328975
Publisher
LexisNexis U.K.
Publication
August 2024
Format
Paperback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only

Details

Insolvency Law: Corporate and Personal is written in a detailed yet straightforward way, making it accessible to both practitioners and students.

This comprehensive book explains legislation and discusses cases on all aspects of corporate and personal insolvency, covering each of the procedures available. The text is presented logically under headings, with pointers to more specialised information and additional cases.It is a popular first port of call for non-specialists, students and those new to the area of insolvency.

What’s New:

Key updates for the 2024 edition include:

  • Discussion of the Supreme Court decision in Sequana
  • Extended discussion in chapters on the claw back provisions
  • The new Restructuring Plan under Part 26A of Companies Act 2006
  • The new standalone Moratorium under Part A1 of the Insolvency Act 1986

Table of Contents

Introduction

  • The Meaning of Insolvency
  • Purpose, Principles and Theory
  • The Administration of Insolvency Regimes
  • Options for Insolvents and the Layout of the Book

Non-Terminal Insolvency

  • Receivership
  • Administration
  • Company Voluntary Arrangements
  • Individual Voluntary Arrangements
  • Other Types of Arrangements

Provisional Liquidation

Winding Up

  • Introduction to Winding Up
  • Creditors' to Voluntary Winding Up
  • Compulsory Winding Up
  • The Aftermath of the Advent of Winding Up
  • The Players in a Liquidation
  • The Liquidator
  • Dissolution

Bankruptcy

  • Introduction to Bankruptcy
  • Debtor's Petition
  • Creditor's Petition
  • Effects of Bankruptcy
  • The Trustee in Bankruptcy
  • Discharge

International Insolvency

  • Cross-Border Insolvency
  • European Insolvency

Administration of Insolvent Estates

  • Investigations and Examinations
  • Funding
  • Disclaimer
  • Distribution of Property in Insolvent Estates

Creditors

  • Secured Creditors
  • Retention of Title
  • Execution Creditors and Landlords
  • Preferential Creditors
  • Set-Off
  • Proving Debts

Swelling the Asset Pool

  • General Principles and Concepts
  • Transactions at an Undervalue
  • Preferences
  • Transactions Defrauding Creditors
  • Invalidation of Floating Charges
  • Extortionate Credit Transactions
  • Wrongful Trading
  • Fraudulent Trading
  • Breach of Directors' Duties

Misconduct

  • Misfeasance
  • Disqualification of Directors
  • Offences

About the Author

Professor Andrew Keay, Professor of Corporate and Commercial Law, University of Leeds
Dr Peter Walton, Reader in Law and LPC Course Director, University of Wolverhampton

Reviews

"clear, concise, readable and uncluttered. The balance between breadth and depth of coverage has been well struck ... a popular foundation work"
The Cambridge Law Journal

"a clear, readable and comprehensive account of the principles of insolvency law ... discusses the subject in appropriate depth and breadth to make it suitable for both practitioners and students"
German-British Chamber of Industry & Commerce

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