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Details
- The only in-depth analysis of the laws enabling the avoidance of transactions in insolvency
- Written by a team of expert academics and leading specialist practitioners in the field
- Highly practical in its outlook - taking into account the various statutory provisions and common laws and the interplay between them
- Authoritative analysis of bankruptcy law, with detailed coverage of pensions, the family home and divorce proceedings
- Includes reference to Commonwealth cases including Australia, New Zealand and the USA
New to this edition
- New material on property-related aspects and complex financial structures such as swaps and derivatives
- Expanded author team includes leading specialist practitioners in the field
- New coverage of case law and legislative amendments arising from the Enterprise Act 2002 and the Companies Act 2006, as well as the 2009 changes to the Insolvency Rules 1986
This new edition of Transaction Avoidance in Insolvencies considers a range of practical issues that arise in a typical transaction avoidance case as well as all the possible ways in which a vulnerable transaction might be attacked, in recognition of the fact that the provisions contained in the Insolvency Act 1986 might not always be the only possibilities available.
Fully updated to cover legislative amendments arising from the Enterprise Act 2002 and the Companies Act 2006, as well as coverage of the 2009 changes to Insolvency Rules 1986, the book provides a timely resource for insolvency practitioners following the upturn in insolvency cases brought about by the economic crisis.
Including new specialist material on property-related aspects and on transactions involving complex financial structures including swaps and derivatives, this book is essential reading for insolvency practitioners as well as company directors, banks, academics and postgraduate students of insolvency law.
Readership: Practitioners and academics specializing in insolvency, banking and commercial law; legal advisers to companies, directors, and banks; and reference libraries.
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- A. Introduction
- 1: Rebecca Parry: The rationale of transaction avoidance
- B. Avoidance laws applicable in insolvency
- 2: Rebecca Parry & Sharif Shivji: Post petition dispositions
- 3: Rebecca Parry & Sharif Shivji: Transactions at an undervalue
- 4: Rebecca Parry & Sharif Shivji: Preferences
- 5: Rebecca Parry: Extortionate credit transactions
- 6: James Ayliffe: Disclaimer
- 7: Rebecca Parry: Unenforceable liens
- 8: Rebecca Parry: Avoidance of general assignments of book debts
- 9: James Ayliffe: Transactions defrauding creditors
- 10: Rebecca Parry & Sharif Shivji: Conflict with the pari passu principle
- C. Issues peculiar to bankruptcy
- 11: Rebecca Parry: Matrimonial homes
- 12: Rebecca Parry: Concurrent bankruptcy and divorce proceedings
- 13: Emily Campbell & James Ayliffe: Pensions
- D. Issues peculiar to corporate insolvency
- 14: Rebecca Parry: Floating charge avoidance: Non registration
- 15: Rebecca Parry: Floating charge avoidance: Late execution
- 16: Rebecca Parry: Avoidance powers under the Companies Act 2006
- 17: Rebecca Parry: Misfeasance
- E. Cross border transaction avoidance
- 18: Rebecca Parry: Transaction avoidance in Scotland
- 19: Rebecca Parry: Cross border considerations
- F. Practical issues
- 20: Sebastian Allen & James Ayliffe: Evidence gathering
- 21: Rebecca Parry & Sharif Shivji: Overlap with other proceedings
- 22: James Ayliffe: Limitation periods
- 23: Rebecca Parry: Destination of proceeds of transaction avoidance;
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Rebecca Parry, Professor of Law, Nottingham Trent University, James Ayliffe QC, Barrister, Wilberforce Chambers, and Sharif Shivji, Barrister, 4 Stone Buildings
Hamish Anderson, Partner, Norton Rose LLP, and William Trower QC, Barrister, 3-4 South Square
Contributors:
Sebastian Allen (Wilberforce Chambers)
James Ayliffe QC (Wilberforce Chambers)
Emily Campbell (Wilberforce Chambers)
Rebecca Parry (Nottingham Trent University)
Sharif Shivji (4 Stone Buildings)
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Review(s) from previous edition
"As a commentary on English law, Ms Parry's volume is thorough, thoughtful and an indispensable asset to counsel practising debtor-creditor law ... There is no doubt that Ms Parry's book will find itself on the shelf of nearly every debtor-creditor lawyer in England. It will be the first place one will turn. - Journal of International Banking Law & Regulation
