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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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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 3rd ed isbn 9780198793403

Transaction Avoidance in Insolvencies 2nd ed

ISBN13: 9780199583799
New Edition ISBN: 9780198793403
Previous Edition ISBN: 0198298900
Published: March 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: Out of print

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 cover 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 following the upturn in insolvency cases brought about by the economic crisis.

Including new specialist material on property-related aspects and on transactions involving complex financial structures including swaps and derivatives, this book is essential reading for insolvency practitioners as well as company directors, banks, academics and postgraduate students of insolvency law.

Insolvency Law
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;