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OverviewThis book examines powers and remedies available to a liquidator or administrator that render ‘vulnerable’ the company’s prior contractual commitments or proprietary dispositions so as to enhance the asset pool available to creditors. In the process,the book does two things. First, it offers comprehensive accounts of the relevant causes of action: undervalue transactions, preferences, late floating charges, unregistered charges, transactions defrauding creditors, gratuitous corporate transactions and post-petition dispositions in liquidation. Secondly, it seeks to raise issues about the context and purpose of these causes of action, many of which have not yet been fully explored in the case law or academic literature. These are considered through a discussion of their relationship to the pari passu principle; a restitutionary analysis of the remedial provisions; and issues arising specifically in cross-border and international insolvency proceedings. The book is thus a source of reference both for insolvency litigators and for transactional lawyers seeking advice on potential vulnerability. The thematic approach and rigorous analysis will also make it of interest to an academic readership. Full Product DetailsAuthor: John Armour (University of Oxford) , Howard Bennett (University of Nottingham, UK)Publisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Dimensions: Width: 15.60cm , Height: 4.50cm , Length: 23.40cm Weight: 1.100kg ISBN: 9781841133478ISBN 10: 1841133477 Pages: 576 Publication Date: 13 February 2003 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsAbout the Contributors Table of Cases Table of Legislation 1. Collectivity,Management of Estates and the Pari Passu Rule in Winding-Up Michael Bridge 2. Transactions at an Undervalue John Armour 3. Transactions Defrauding Creditors John Armour 4. Preferences Adrian Walters 5. Late Floating Charges Howard Bennett 6. Registration of Company Charges Howard Bennett 7. Avoidance of Transactions as a ‘Fraud on Creditors’ at Common Law John Armour 8. Void Dispositions in Compulsory Winding-Up Adrian Walters 9. Restitution for Vulnerable Transactions Simone Degeling 10. Cross-border Insolvency and Vulnerable Transactions Sandra Frisby Appendix: Statutory Provisions IndexReviewsThe standards of production match the excellence of the text in this impressive work. Both the publisher and editors can reflect with pride on their work. -- David Milman * Insolvency Lawyer * The standards of production match the excellence of the text in this impressive work. Both the publisher and editors can reflect with pride on their work. David Milman Insolvency Lawyer September 2003 The standards of production match the excellence of the text in this impressive work. Both the publisher and editors can reflect with pride on their work.David MilmanInsolvency LawyerSeptember 2003 The standards of production match the excellence of the text in this impressive work. Both the publisher and editors can reflect with pride on their work. David Milman Insolvency Lawyer September 2003 Author InformationJohn Armour is Lovells Professor of Law and Finance at the University of Oxford and a Fellow of Oriel College, Oxford. Howard Bennett is Hind Professor of Commercial Law at the University of Nottingham. Tab Content 6Author Website:Countries AvailableAll regions |
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