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The Law of Insolvency, 5th Edition

The Law of Insolvency, 5th Edition

Author: Ian F. Fletcher
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414028425
Published In: May 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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The Law of Insolvency supplies practitioners with an in-depth examination of both corporate and personal insolvency, covering both UK law and international insolvency. It provides solutions to the most complex legal problems in this area. This new 5th edition:-
- Incorporates major changes to primary and secondary legislation: Enterprise and Regulatory Reform Act 2013; Deregulation Act 2015; Small Business, Enterprise and Employment Act 2015; Insolvency Rules (England and Wales) 2016, plus Practice Directions issued in 2014.
- Includes commentary on the EU Insolvency Regulation, both in the original (2000) and recast (2015) versions.
- Significant changes to insolvency procedures, including the replacement of debtors’ bankruptcy petitions to the court by online applications to an adjudicator; the abolition in virtually all cases of physical meetings of creditors, and also of company members, during the course of insolvency proceedings; various alternative procedures for an office holder to obtain creditors’ and members’ consent, including by the deemed consent procedure; removal of the requirement for liquidators to obtain sanction for the exercise of certain powers; extension of liability for wrongful or fraudulent trading to cases of company administration.
- More than 300 new cases included in the new edition, including judgments by the Supreme Court in Jetivia v. Bilta (extraterritorial application of ss.213 and 238 of the Insolvency Act 1986); Olympic Airlines SA (jurisdiction under art.3(2) of the EU Insolvency Regulation); Eurosail (test for balance sheet insolvency); Belmont Park Investments (the anti-deprivation rule); Paycheck Services (meaning of “de facto director”); the Nortel and Lehman Companies Pensions Cases (“provable debts” in administration); Rubin v. Eurofinance (limits to common law assistance for foreign insolvency proceedings).
- Judgments by the Privy Council in cases relating to cross-border insolvency, including Saad Investments; Singularis Holdings; and Stichting Shell Pensioenfonds v.Krys.
Part 1 Personal Insolvency
- Bankruptcy Law in Outline
- Voluntary Procedures and Alternatives to Bankruptcy
- Who can be made Bankrupt?
- The Bankruptcy Petition
- The Bankruptcy Order and its Consequences: General and Procedural Aspects
- The Bankruptcy Order and its Consequences: Proprietary Effects
- Proof of Debts
- Distribution of Assets
- Termination of Bankruptcy
- Deceased Insolvents; Debt Relief Orders; Appeals in Bankruptcy Cases
- Bankruptcy and the Criminal Law
Part 2 Company Insolvency

Section A. Non-Liquidation Procedures
- Receivers
- Company Voluntary Arrangements in England and Wales
- Company Administrations
Section B. The Winding-Up of Insolvent Companies
- Winding-Up Law in Outline
Section B (1) – Creditors’ Voluntary Winding-Up
- When can a Creditors’ Voluntary Winding- Up Take Place?
- Creditors’ Voluntary Winding-Up: to the Appointment of the Liquidator
Section B (2) – Compulsory Winding-Up (Winding-up by the Court)
- When can a compulsory Winding-Up take place?
- The Winding-Up Petition
- The Winding-Up Order and its Consequences
Section B (3) – Aspects Common to Both Forms of Insolvent Liquidation
- Proof of debts
- Collection and Distribution of Assets
- The Conclusion of the Winding-Up: Dissolution and After
- The Effects of Winding-Up on Creditors and Third Parties
- Liability of Directors and Others
Part 3 International Insolvency
- General Problems, and Issues of Principle
- Bankruptcies with an International Element: The English Law and Practice
- Liquidations with an International Element
- International Regulation of Cross-Border Insolvency (I): National and European Union Legislation
- International Regulation of Cross-Border Insolvency (II): Global Initiatives: UNCITRAL Model Law
Professor Ian F Fletcher is a Professor of International Commercial Law at UCL. He was elected as a Bencher of Lincoln’s Inn in 2003, and currently practises as a Barrister at 3-4 South Square, Gray’s Inn. He has been a member of the American Law Institute since 1997, and in 2002 he was elected an International Fellow of the American College of Bankruptcy. He is also one of the editors of Palmer’s Corporate Insolvency and Lightman & Moss: Insolvency