Category Books

Transaction Avoidance in Insolvencies »

Authors: Rebecca Parry, James Ayliffe QC, Sharif Shivji, Hamish Anderson, William Trower QC
ISBN-13: 9780199583799, ISBN-10: 019958379X
Format: Hardcover
Publisher: Oxford University Press, USA
Date Published: February 2011
Edition: (Non-applicable)

Author Biography: Rebecca Parry

Rebecca Parry is a Lecturer in Law at the University of Leicester.
The Consultant Editor, Hamish Anderson, is a Partner with the City firm of Norton Rose solicitors, and a leading practitioner specializing in insolvency law.

Book Synopsis

Transactions entered into when a company or individual is insolvent or bankrupt can be declared void by the courts. This book analyses in detail the circumstances in which a transaction will or will not be declared void, and looks at the practical issues surrounding such declarations, including evidence gathering, procedure and the relationship with director disqualification and other insolvency proceedings.

	Preface
	List of Figures
	Table of Cases
	Table of Legislation
I	Introduction
1	Introduction
2	The Rationale of the Transaction Avoidance Provisions of the Insolvency Act 1986
II	Avoidance Laws in Insolvency
3	Post-Petition Dispositions (Insolvency Act 1986, Sections 127 and 284)
4	Transactions at an Undervalue (Sections 238 and 339)
5	Preferences (Insolvency Act 1986, Sections 239 and 340)
6	Extortionate Credit Transactions (Insolvency Act 1986, Sections 244 and 343)
7	Disclaimer
8	Unenforceability of Liens of Books etc (Sections 246 and 349)
9	Avoidance of General Assignments of Book Debts - Bankruptcy (Section 344)
10	Transactions Defrauding Creditors (Insolvency Act 1986, Section 423)
11	Transactions which Conflict with the Pari Passu Principle
III	Issues Peculiar to Bankruptcy
12	The Family Home
13	Concurrent Bankruptcy and Divorce
14	Pensions (Bankruptcy Only)
15	Criminal Offences Arising from Fraud and Deception (Personal Insolvency)
IV	Issues Peculiar to Corporate Insolvency
16	Floating Charge Avoidance: Non-Registration - Companies Act 1985, Section 395 (England and Wales)
17	Avoidance of Floating Charges (Insolvency Act 1986, Section 245: Corporate Insolvency Only)
18	Avoidance Powers under the Companies Act 1985
19	Misfeasance (Corporate Insolvency)
20	Criminal Offences (Companies)
V	Cross-Border Transaction Avoidance
21	Scotland
22	Cross-Border Transaction Avoidance
VI	Practical Issues
23	Evidence Gathering
24	Transaction Avoidance and Company Director Disqualification Proceedings
25	Limitation Periods
26	Funding
27	Other Laws Enabling Transaction Avoidance
28	Destination of Proceeds (Corporate Insolvency)
	Bibliography
	Index