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Vol 21 No 10 Oct/Nov 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Transaction Avoidance in Insolvencies 2nd ed isbn 9780199583799

Transaction Avoidance in Insolvencies

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ISBN13: 9780198298908
ISBN: 0198298900
New Edition ISBN: 9780199583799
Published: November 2001
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print



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.

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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)