Transaction Avoidance in Insolvencies

Hardcover | April 3, 2011

byRebecca Parry, James Ayliffe, Sharif Shivji

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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 inthe 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 bythe 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 insolvencylaw.

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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 inthe Insolvency Act 1986 might not always be t...

Rebecca Parry is a professor at Nottingham Law School, Nottingham Trent University, specialising in corporate insolvency law. James Ayliffe QC is at Wilberforce Chambers and has a particular expertise in real estate related insolvency. Sharif Shivji is a leading junior at 4 Stone Buildings specialising in insolvency and as a former de...

other books by Rebecca Parry

Format:HardcoverDimensions:768 pages, 9.69 × 6.73 × 0.01 inPublished:April 3, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019958379X

ISBN - 13:9780199583799

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Table of Contents

A. Introduction1. Rebecca Parry: The rationale of transaction avoidanceB. Avoidance laws applicable in insolvency2. Rebecca Parry and Sharif Shivji: Post petition dispositions3. Rebecca Parry and Sharif Shivji: Transactions at an undervalue4. Rebecca Parry and Sharif Shivji: Preferences5. Rebecca Parry: Extortionate credit transactions6. James Ayliffe: Disclaimer7. Rebecca Parry: Unenforceable liens8. Rebecca Parry: Avoidance of general assignments of book debts9. James Ayliffe: Transactions defrauding creditors10. Rebecca Parry and Sharif Shivji: Conflict with the pari passu principleC. Issues peculiar to bankruptcy11. Rebecca Parry: Matrimonial homes12. Rebecca Parry: Concurrent bankruptcy and divorce proceedings13. Emily Campbell and James Ayliffe: PensionsD. Issues peculiar to corporate insolvency14. Rebecca Parry: Floating charge avoidance: Non registration15. Rebecca Parry: Floating charge avoidance: Late execution16. Rebecca Parry: Avoidance powers under the Companies Act 200617. Rebecca Parry: MisfeasanceE. Cross border transaction avoidance18. Rebecca Parry: Transaction avoidance in Scotland19. Rebecca Parry: Cross border considerationsF. Practical issues20. Sebastian Allen and James Ayliffe: Evidence gathering21. Rebecca Parry and Sharif Shivji: Overlap with other proceedings22. James Ayliffe: Limitation periods23. Rebecca Parry: Destination of proceeds of transaction avoidance

Editorial Reviews

Review from previous edition: "As a commentary on English law, Ms Parry's volume is thorough, thoughtful and an indispensable asset to counsel practising debtor-creditor law ... There is no doubt that Ms Parry's book will find itself on the shelf of nearly every debtor-creditor lawyer inEngland. It will be the first place one will turn." --Journal of International Banking Law and Regulation