Vulnerable transactions in corporate insolvency
Work detail
This book examines powers and remedies available to a liquidator or administrator that render 'vulnerable' the company's prior contractual commitments or proprietary dispositions so as to enhance the asset pool available to creditors. In the process,the book does two things. First, it offers comprehensive accounts of the relevant causes of action: undervalue transactions, preferences, late floating charges, unregistered charges, transactions defrauding creditors, gratuitous corporate transactions and post-petition dispositions in liquidation. Secondly, it seeks to raise issues about the context and purpose of these causes of action, many of which have not yet been fully explored in the case law or academic literature. These are considered through a discussion of their relationship to the pari passu principle; a restitutionary analysis of the remedial provisions; and issues arising specifically in cross-border and international insolvency proceedings. The book is thus a source of reference both for insolvency litigators and for transactional lawyers seeking advice on potential vulnerability. The thematic approach and rigorous analysis will also make it of interest to an academic readership
Overview
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Contributors
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- Open Author
Anthonye Bottoms
- Open Author
Kent Roach
- Open Author
Howard Bennett
- Open Author
John Armour
- Open Author
Howard N. Bennett
- Open Author
Julian Roberts
- Open Author
Bridge, M. G.
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Vulnerable transactions in corporate insolvency
- VTVulnerable Transactions in Corp...John Armour, Howard Bennett, Julian Roberts, Anthonye Bottoms, Kent Roach
Vulnerable Transactions in Corporate Insolvency
- VTVulnerable Transactions in Corp...John Armour, Howard Bennett
Vulnerable Transactions in Corporate Insolvency