Transaction Avoidance in Insolvencies
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Transaction Avoidance in Insolvencies

Transaction Avoidance in Insolvencies


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About the Book

The third edition of Transaction Avoidance in Insolvencies considers all the possible ways in which a vulnerable transaction might be attacked, as well as practical issues that can arise in a typical transaction avoidance case. This new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Rules 1986, which came into force in 2017. The text also now incorporates an international dimension, which includes an analysis of the revised EU Regulation on Insolvency Proceedings. There is also comprehensive coverage of important new case law. Written by a team of well-known specialists, Transaction Avoidance in Insolvencies provides a detailed account of this complex area from a practical perspective.

Table of Contents:
A. Introduction 1: Introduction 2: The rationale of transaction avoidance B. Avoidance laws applicable in insolvency 3: Post petition dispositions 4: Transactions at an undervalue 5: Preferences 6: Extortionate credit transactions 7: Disclaimer 8: Unenforceable liens 9: Avoidance of general assignments of book debts 10: Transactions defrauding creditors 11: Conflict with the pari passu principle C. Issues peculiar to bankruptcy 12: Matrimonial homes 13: Concurrent bankruptcy and divorce proceedings 14: Pensions (bankruptcy) D. Issues peculiar to corporate insolvency 15: Pensions (corporate insolvency) 16: Floating charge avoidance: Non registration 17: Floating charge avoidance: Late execution 18: Avoidance powers under the Companies Act 2006 19: Officeholder Claims E. Cross border transaction avoidance 20: Transaction avoidance in Scotland 21: Cross border considerations 22: Offshore jurisdictions F. Practical issues 23: Evidence gathering 24: Overlap with other proceedings 25: Limitation periods 26: Destination of proceeds of transaction avoidance

About the Author :
Rebecca Parry is a Professor at Nottingham Law School at Nottingham Trent University, specialising in corporate insolvency law. James Ayliffe QC is at Wilberforce Chambers and has a particular expertise in real estate related insolvency. Sharif Shivji is a leading junior at 4 Stone Buildings specialising in insolvency and, as a former derivatives trader, has specialist knowledge of the financial markets. He is the current Chambers & Partners Company and Insolvency Junior of the Year.

Review :
such a well-organised and carefully thought-through book represents a "must read" for all students, scholars and practitioners interested in English corporate insolvency and bankruptcy law. In summary, there is not a practitioner nor a scholar in Europe in the field of insolvency law who would not greatly benefit from reading the book.


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Product Details
  • ISBN-13: 9780198793403
  • Publisher: Oxford University Press
  • Binding: Hardback
  • Height: 248 mm
  • No of Pages: 712
  • Spine Width: 39 mm
  • Width: 177 mm
  • ISBN-10: 0198793405
  • Publisher Date: 15 Mar 2018
  • Edition: Revised edition
  • Language: English
  • Returnable: Y
  • Weight: 1234 gr


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