The Framework of Corporate Insolvency Law by Hamish AndersonThe Framework of Corporate Insolvency Law by Hamish Anderson

The Framework of Corporate Insolvency Law

byHamish Anderson

Hardcover | June 10, 2017

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This book provides a critical examination of modern English corporate insolvency law, in particular the procedures under the Insolvency Act 1986, from both conceptual and functional points of view. It focuses throughout on identifying a rational explanation for the form that the rules andinstitutions of the modern law take or, where there is no such rational explanation, the history which has resulted in the present position.A central theme of the book is that the nature and fundamental purpose of insolvency proceedings themselves dictate many of the features of English insolvency proceedings. For example, collective execution on behalf of creditors necessitates definition of the insolvent estate and the provision ofrules concerning provable debts and transaction avoidance. Many key features of the insolvency procedures are therefore essentially matters of practicality rather than principle, albeit practicalities applied justly and fairly.The book covers the nature and purpose of insolvency law; the procedures; the administration, supervision and regulation of insolvency proceedings; the insolvent estate and transaction avoidance; investigation and wrongdoing by directors; phoenixism and pre-packing; distribution of the insolventestate; and, lastly, cross-border insolvency. It examines the various principles of insolvency law in the context of practice, drawing upon historical perspectives where appropriate. By explaining how the law takes the form that it does, the book promotes an understanding of the present law andinstitutions as a whole, and shows how this understanding might inform future developments.
Hamish Anderson is a consultant (formerly a partner) in the Banking Department at Norton Rose Fulbright LLP. His extensive experience covers a range of sectors and both UK and cross-border insolvencies. In addition to representing practitioners, banks, and other creditors, he has also acted for and advised governments and regulators. H...
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Title:The Framework of Corporate Insolvency LawFormat:HardcoverDimensions:336 pages, 9.69 × 6.73 × 0.03 inPublished:June 10, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198805314

ISBN - 13:9780198805311

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Table of Contents

1. Introduction2. Functions and Objectives of Insolvency Law3. The Concept of Insolvency Proceedings4. The Meaning of Insolvency5. Sources of English Corporate Insolvency Law6. English Corporate Insolvency Proceedings7. Liquidation8. Administration9. Company Voluntary Arrangements10. Creditors' Rights as a Class Remedy11. Office-Holders12. Jurisdiction of the Court13. Regulation of Insolvency Practice14. The Insolvent Estate15. Transaction Avoidance16. Investigation17. Wrongdoing by Directors and Others18. Phoenixism and Pre-Packing19. Distribution of the Estate20. Expenses21. Ranking of Creditors, Pari Passu Distribution, and Contracting Out22. Cross-Border Insolvency