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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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This book is now Out of Print.
A new edition was published, see:
Insolvency Law: Corporate and Personal 4th ed isbn 9781784733094

Insolvency Law: Corporate and Personal 3rd ed


ISBN13: 9781846615030
New Edition ISBN: 9781784733094
Previous Edition ISBN: 9781846611193
Published: September 2012
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: Out of print



Insolvency Law: Corporate and Personal is written in a detailed yet straightforward way, making it accessible to both practitioners and students.

This comprehensive book explains legislation and discusses cases on all aspects of corporate and personal insolvency, covering each of the procedures available. The text is presented logically under headings, with pointers to more specialised information and additional cases.

This third edition:-

  • significantly expands the material on international insolvencies in order to address the many case law developments
  • deals with changes in the Insolvency Rules
  • discusses the latest case law on the prescribed part under s.176A
  • incorporates changes to the law on dissolutions of companies
  • considers the anti-deprivation principle
  • examines how the football creditor rule operates in CVAs
  • considers the conflicting case law on procedural requirements for out of court administrator appointments
Insolvency Law: Corporate and Personal is a popular first port of call for non-specialists and those new to the area of insolvency, whether in practice or whilst studying.

Subjects:
Insolvency Law
Contents:
Introduction;
The Meaning of Insolvency
Purpose, Principles and Theory
The Administration of Insolvency Regimes
Options for Insolvents and the Layout of the Book

Non-Terminal Insolvency;
Receivership
Administration
Company Voluntary Arrangements
Individual Voluntary Arrangements
Other Types of Arrangements

Provisional Liquidation;
Winding Up
Introduction to Winding Up
Creditors' to Voluntary Winding Up
Compulsory Winding Up
The Aftermath of the Advent of Winding Up
The Players in a Liquidation
The Liquidator
Dissolution

Bankruptcy;
Introduction to Bankruptcy
Debtor's Petition
Creditor's Petition
Effects of Bankruptcy
The Trustee in Bankruptcy
Discharge

International Insolvency;
Cross-Border Insolvency
European Insolvency

Administration of Insolvent Estates;
Investigations and Examinations
Funding
Disclaimer
Distribution of Property in Insolvent Estates

Creditors;
Secured Creditors
Retention of Title
Execution Creditors and Landlords
Preferential Creditors
Set-Off
Proving Debts

Swelling the Asset Pool;
General Principles and Concepts
Transactions at an Undervalue
Preferences
Transactions Defrauding Creditors
Invalidation of Floating Charges
Extortionate Credit Transactions
Wrongful Trading
Fraudulent Trading
Breach of Directors' Duties

Misconduct;
Misfeasance
Disqualification of Directors
Offences