Bankruptcy / Insolvency

Kerr & Hunter on Receivers and Administrators (19th edition)

Edited by Dr Sandra Frisby · Malcolm Davis-White, QC
Sweet & Maxwell U.K. December 2009

Specifications

ISBN-13
9781847037541
Publisher
Sweet & Maxwell U.K.
Publication
December 2009
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

 The 19th edition of Kerr & Hunter on Receivers and Administratorssets out the legal principles, explains the legislation and interprets the relevant case law. Covering both corporate and personal insolvency the book considers the duties, and responsibilities of both administrators and receivers. It:

 

 

 

  • Includes the developments of the UNCITRAL Model system in both the EU and US
  • Gives you the latest rulings and case study material on Cross Border Insolvency in respect of EU regulations
  • Discusses the rulings of the Spectrum case and its impact on the 'charge on book debts' jurisprudence
  • Illustrates potential judicial conflicts within the practice area of administration
  • Discusses the Proceeds of Crime Act 2002 including the abolition of the Assets Recovery Agency and transfer of its main civil recovery functions to the Serious Organised Crime Agency
  • Considers development in relation to the 'prescribed part' for the unsecured creditors in receivership and administration
  • Contains a full exposition of the law and practice of administrative receivership as it applies in Scotland
  • Includes a comprehensive account of the highly important taxation position in both receivership and administration

Table of Contents

  • THE APPOINTMENT OF RECEIVERS BY COURT
  • Principles on which a Receiver is appointedby the Court
  • In what cases a Receiver will be appointed
  • Over what property a Receiver mustbe appointed
  • Who may be appointed Receiver
  • Modes of appointing a Receiver of the Court

  • THE STRUCTURE OF THE COURT - APPOINTED RECEIVERSHIPS
  • Effect of appointment and possession of a Receiver
  • Powers and duties of a Receiver
  • Liabilities of a Receiver
  • Managers
  • Remuneration and Expenses of Receiver
  • Receiver’s Accounts
  • Discharge of a Receiver
  • Liabilities and rights of Receiver’s sureties

  • ADMINISTRATION: OTHER PROCEDURES
  • Administrators: Judicially and extra-judicially appointed
  • The Administrator in Office: Powers and Duties
  • Conversion from Administration into other forms of proceeding
  • The Cessation of the effect of the Administrator’s appointment and the termination of the administration

  • RECEIVERS APPOINTED OUT OF COURT
  • General principles governing Appointment
  • Appointments under statutory powers
  • Appointments over the property of company

  • ADMINISTRATIVE RECEIVERS
  • Status and powers of an administrative receiver
  • Administrative Receiver’s relationship withthe unsecured creditors
  • Administrative Receiver’s relationship with the company and its staff: Contracts of employment, residual powers of the Directors
  • Extra-territorial extent of floating chargesand receiverships
  • Effects of liquidation on administrative receivership
  • Termination of administrative receivership

  • RECEIVERSHIP IN SCOTLAND
  • The Receiver in Scotland

  • THE TAXATION OF RECEIVERS AND ADMINISTRATORS
  • The Taxation of Receivers and Administrators

  • OTHER PROCEDURES
  • The Proceeds of Crime Act 2002: Receivers under Criminal Confiscation Statutes
  • The EC Regulation on Insolvency proceedings 2000 and the Cross Border Insolvency Regulations 2006
  • The fund for unsecured creditors: The “Prescribed Part”
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