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Insolvency Law: Corporate and Personal 4th edition

Explains legislation and discusses cases on all aspects of corporate and personal insolvency, covering each of the procedures available.
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ISBN/ISSN: 9781784733094

Product description

Why should you buy Insolvency Law: Corporate and Personal

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 fourth edition:

  • Incorporates significant substantive and procedural changes brought into force by the new Insolvency Rules 2016 and with some focus on the decision-making process
  • Contains a consideration of recent developments in cross-border insolvency including the recast EC Regulation on Insolvency Proceedings
  • Considers recent case-law on the meaning of insolvency
  • Explains the new procedure for debtors who wish to apply for their own bankruptcy
  • Considers changes in the law as to how execution creditors and landlords may enforce their debts
  • Involves some examination of the latest decisions on wrongful trading
  • Considers the new regulatory framework applicable to insolvency practitioners, including how they are remunerated
  • Explains the new rules on how insolvency litigation may be funded
  • Considers newly introduced grounds for directors’ disqualification 
  • Examines the latest appellate decisions on the avoidance of pre-liquidation dispositions

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.

Preface

The last edition was written 5 years ago, which is quite a long time in insolvency law terms and especially given the developments that have taken place since 2012. We would have written this latest edition earlier but felt that it was wise to wait until the overhaul of the Insolvency Rules was finalised (and this was really only in October 2016) and a recast version of the EC Regulation on Insolvency Proceedings was passed and was ready to come into operation. The introduction of new Insolvency Rules on 6 April 2017 was a very important development and,... Read the full preface...

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Table of 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
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


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