Proprietary Claims And Insolvency
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Proprietary Claims And Insolvency
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Author : Gerard McCormack
language : en
Publisher:
Release Date : 1997
Proprietary Claims And Insolvency written by Gerard McCormack and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Bankruptcy categories.
The focus of this text is the use of the trust and analogous devices by companies and individuals to gain priority over other creditors in the event of corporate collapse. It examines in detail the treatment of trusts at all stages of an insolvency, including the tracing of assets, changes in form, the investigation of profits accrued as a result of breaches in fiduciary duty, and remedies for redressing percieved injustices.
Proprietary Claims In Insolvency
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Author : James Calnan
language : en
Publisher: Butterworths
Release Date : 2000-10
Proprietary Claims In Insolvency written by James Calnan and has been published by Butterworths this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-10 with Bankruptcy categories.
A creditor of an insolvent company or individual can only obtain priority over other unsecured creditors if it can be established that there us a proprietary interest. This text outlines a clear set of legal principles which can be used to resolve the practical problems arising from an insolvency where a proprietary claim is advanced. In doing so, it will look at the ways which a creditor can trace assets which have fallen into the hands of third parties, or trace the product of assets in the hands of an insolvent party. It will also cover the means by which a person can retain proprietary interest in an asset that comes into the hands of an insolvent party as well as the ways in which a creditor can obtain an interest in the asset.
Proprietary Claims And Remedies
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Author : Malcolm Cope
language : en
Publisher: Gaunt
Release Date : 1997
Proprietary Claims And Remedies written by Malcolm Cope and has been published by Gaunt this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Debtor and creditor categories.
Professor Cope, author of Australia's leading work on constructive trusts, turns his attention to a major problem area for practitioners working in fields of bankruptcy and insolvency - the nature of equitable proprietary claims, the range of such remedies and the rules and presumptions developed for tracing. The first half of his new book is devoted to analysis of these issues, highlighting the effect of claims and the prerequisites for their successful establishment, particularly as regards pre-existing interests and a fiduciary relationship. The second half of the book is devoted to tracing and tracing problems at both common law and equity, particularly the equitable rules and presumptions developed to identify the subject matter of a remedy and to identify value in unmixed and mixed property.
Tracing And Equity Proprietary Claims In The Context Of Insolvency Law
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Author : Stefan Grossmann
language : en
Publisher:
Release Date : 2009
Tracing And Equity Proprietary Claims In The Context Of Insolvency Law written by Stefan Grossmann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Bankruptcy categories.
Proprietary Claims And Their Priority In Insolvency
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Author : A. J. Oakley
language : en
Publisher:
Release Date : 1994
Proprietary Claims And Their Priority In Insolvency written by A. J. Oakley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Bankruptcy categories.
Proprietary Rights And Insolvency In Sales Transactions
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Author : Royston Miles Goode
language : en
Publisher:
Release Date : 1985
Proprietary Rights And Insolvency In Sales Transactions written by Royston Miles Goode and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Business & Economics categories.
Restitution And Insolvency
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Author : Francis D. Rose
language : en
Publisher: Informa Law from Routledge
Release Date : 2000
Restitution And Insolvency written by Francis D. Rose and has been published by Informa Law from Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
The application of restitution and insolvency law has increased in recent years. Theses two areas of law were discussed at the annual conference of the restitution section of the Society of Public Teachers of Law in Leeds in September 1999. The revised papers are joined here by a variety of papers from other sources and explore a range of topical subjects of common interest to restitution and insolvency from theotrical, comparative and practical perspectives.
Proprietary Rights And Insolvency
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Author : Richard Calnan
language : en
Publisher: Oxford University Press, USA
Release Date : 2016
Proprietary Rights And Insolvency written by Richard Calnan and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Bankruptcy categories.
"This topical title explains the circumstances in which a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor. It focuses on the situation where the proprietary interests are created by operation of law or implied from the arrangements between the parties, rather than by express transfer or taking of security. The book clarifies the current state of the law in an important area of insolvency law (especially in times of economic crisis) where the law is not settled, taking into account the latest developments in case law, and suggesting how it might be simplified by going back to first principles, such as the way proprietary interests are transferred at common law and in equity. The book concerns both insolvency law and property law, being essentially concerned with the limits of the law of property, marking out its boundary with the law of obligations. It is of particular importance in common law systems because of the nature of equitable proprietary interests, and includes reference to Commonwealth authorities where relevant, including Australia, New Zealand and Canada. This work provides a structured and principled analysis of the topical and important area of creditors' proprietary rights in the event of insolvency of a debtor"--Provided by publisher.
Constructive Trusts In Insolvency
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Author : Anthony J. Duggan
language : en
Publisher:
Release Date : 2016
Constructive Trusts In Insolvency written by Anthony J. Duggan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
In Canada and the United States, the constructive trust is a proprietary remedy awarded mainly to prevent unjust enrichment or to deter wrongdoing; the remedy gives the plaintiff an equitable proprietary interest in the disputed asset, as opposed to simply a money claim for the value of the asset. This feature of the constructive trust is particularly important if the defendant is insolvent or, by extension, if there is a substantial risk that the defendant may become insolvent before the judgment is satisfied. A constructive trust in insolvency is analogous to a security interest: it allows the plaintiff to take the disputed asset out of the defendant's estate, with the result that the plaintiff recovers in full on its claim. This is at the expense of the estate, which is correspondingly depleted, and the claims of the defendant's unsecured creditors which are, as a result, diminished. The Canadian case law on the availability of constructive trust relief in the defendant's insolvency is unsettled and there is confusion in both the case law and the literature as to the doctrinal basis of the remedy and the relevant policy considerations. It is commonly argued that a key policy consideration is, or should be, whether the plaintiff voluntarily accepted the risk of the defendant's insolvency. But, while popular in restitution circles, this approach is deeply problematic from a bankruptcy perspective. This paper examines the current state of the case law in Canada, identifies and critically analyzes the main theoretical arguments in the literature and suggests the basis on which the courts should approach cases of this kind.
Goode On Proprietary Rights And Insolvency In Sales Transactions
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Author : Royston Miles Goode
language : en
Publisher:
Release Date : 2010
Goode On Proprietary Rights And Insolvency In Sales Transactions written by Royston Miles Goode and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Bankruptcy categories.
Rev. ed. of: Proprietary rights and insolvency in sales transactions / by R.M. Goode. 1985.
