Transaction Avoidance in Insolvencies

Author:   Rebecca Parry (Professor of Law, Nottingham Trent University) ,  James Ayliffe QC (Barrister, Wilberforce Chambers) ,  Sharif Shivji (Barrister, 4 Stone Buildings)
Publisher:   Oxford University Press
Edition:   2nd Revised edition
ISBN:  

9780199583799


Pages:   744
Publication Date:   03 March 2011
Format:   Hardback
Availability:   Out of stock   Availability explained


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Transaction Avoidance in Insolvencies


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Overview

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 include 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 with the upturn in insolvency cases brought about by the economic crisis.

Full Product Details

Author:   Rebecca Parry (Professor of Law, Nottingham Trent University) ,  James Ayliffe QC (Barrister, Wilberforce Chambers) ,  Sharif Shivji (Barrister, 4 Stone Buildings)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Edition:   2nd Revised edition
Dimensions:   Width: 17.70cm , Height: 4.60cm , Length: 24.90cm
Weight:   1.336kg
ISBN:  

9780199583799


ISBN 10:   019958379
Pages:   744
Publication Date:   03 March 2011
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Out of stock   Availability explained

Table of Contents

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

Reviews

<br>Review(s) from previous edition <br><br> 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 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. <br>--Journal of International Banking Law & Regulation<p><br>


This is a major work. Any practitioner in this area should have access to it if only because it remains a deep and serious study of the key topics within the core areas. It also acts as a wake-up call to readers to reconsider areas which other textbooks very often do not cover and it does so with the awareness and practical insight that these areas clearly deserve. * David Marks QC, International Company and Commercial Law Review *


Author Information

Rebecca Parry is a professor at Nottingham Law School, 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. Sebastian Allen is a commercial barrister at Wilberforce Chambers. Emily Campbell is a barrister at Wilberforce Chambers with an expertise in pension schemes. William Trower QC of 3-4 South Square specialises in corporate insolvency. Hamish Anderson is an insolvency partner at Norton Rose LLP.

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