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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Desmith out now
Data protection handbook

Vulnerable Transactions in Corporate Insolvency

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Edited by: John Armour, Howard Bennett

ISBN13: 9781841133478
ISBN: 1841133477
Published: February 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £180.00

Despatched in 4 to 6 days.

This text 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, it 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.

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 should also make it of interest to an academic readership..

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Insolvency Law
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
Statutory Provisions