Subjects:

Insolvency Law

Contents:

Preface

PART I: INTRODUCTION

1. Introduction

2. The Rationale of the Transaction Avoidance Provisions of the Insolvency Act 1986

PART II: AVOIDANCE LAWS APPLICABLE IN INSOLVENCY

3. Post Petition Dispositions

4. Transactions at an Undervalue

5. Preferences

6. Extortionate Credit Transactions

7. Disclaimer

8. Unenforceability of Liens on Books etc

9. Avoidance of General Assignments on Book Debts (Bankruptct)

10. Transactions Defrauding Creditors

11. Transactions Which Conflict With the Pari Passu Principle

PART 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)

PART IV: ISSUES PECULIAR TO CORPORATE INSOLVENCY

16. Floating Charge Avoidance: Non Registration

17. Avoidance of Floating Charges

18. Avoidance Powers Under the Companies Act 1985

19. Misfeasance (Corporate Insolvency)

20. Criminal Offences (Companies)

PART V: . CROSS BORDER TRANSACTION AVOIDANCE

21. Scotland

22. Cross Border Transaction Avoidance

PART 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)

Laws enabling the avoidance of transactions are an important and complex part of insolvency legislation. This book is the first to be solely devoted to this topic, enabling these powers to be examined in greater depth than has previously been possible. The book analyses these provisions, and related rules of common law and equity, in the context of both corporate and personal insolvency law.

A wide range of practical issues are considered, including the link between transaction avoidance and director disqualification proceedings; the funding of the avoidance action; and evidence gathering. The extent to which other remedies, such as an action for misfeasance, can be pursued in addition to, or as an alternative, to proceedings under the transaction avoidance provisions is examined in detail;In the area of bankruptcy law particular attention is paid to pensions, the family home and divorce proceedings. The complicated issue of cross border transaction avoidance is considered in detail.

The book also contains some important new arguments relating to the issue of entitlements to any sums recovered as a result of an avoidance action, setting out the existing law, as established in Re Yagerphone but arguing that this case does not sit easily with the provisions of the Insolvency Act 1986.