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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
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Creditor Treatment in Corporate Insolvency Law


ISBN13: 9781788971386
Published: November 2020
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £136.00



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The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.

Key features include:

  • an exploration of aspects of corporate insolvency law in need of reform
  • an extensive examination of the rights and priorities of secured and unsecured creditors in English corporate insolvency law
  • an analysis of the impacts of key legislative developments, such as the Insolvency (England and Wales) Rules 2016, and recent case law, such as the Supreme Court decision in the Lehman Waterfall case
  • a unique consideration of bank insolvency regimes in the context of creditor treatment

Creditor Treatment in Corporate Insolvency Law is a specialist guide for legal practitioners and members of the judiciary looking for a clear account of current law and practice in this field. It is also a valuable doctrinal treatment of the law for scholars of corporate insolvency law, and will be of interest to policymakers involved in debates about reforms to creditor treatment and secured transactions law.

Subjects:
Insolvency Law
Contents:
Foreword
Part I - Credit and the Company
1. The Company, its Capital and Insolvency
2. Variants of Credit
Part II - Creditor Treatment in Corporate Insolvency Law
3. Principles of Creditor Treatment
4. The Treatment of Unsecured Creditors
5. The Treatment of Secured Creditors
Part III - Closing: Creditor Treatment in Special Insolvency Proceedings
6. Bank Insolvency Proceedings Index