Transaction Avoidance In Insolvencies

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Transaction Avoidance In Insolvencies

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Author : Rebecca Parry
language : en
Publisher: OUP Oxford
Release Date : 2011-03-03

Transaction Avoidance In Insolvencies written by Rebecca Parry and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-03 with Law categories.

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.

Transaction Avoidance In Insolvencies

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Author : Rebecca Parry
language : en
Publisher: Oxford University Press, USA
Release Date : 2018-03-15

Transaction Avoidance In Insolvencies written by Rebecca Parry 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 2018-03-15 with Law categories.

The third edition of Transaction Avoidance in Insolvencies considers all the possible ways in which a vulnerable transaction might be attacked, as well as practical issues that can arise in a typical transaction avoidance case. This new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Rules 1986, which came into force in 2017. The text also now incorporates an international dimension, which includes an analysis of the revised EU Regulation on Insolvency Proceedings. There is also.comprehensive coverage of important new case law. Written by a team of well-known specialists, Transaction Avoidance in Insolvencies provides a detailed account of this complex area from a practical perspective.

Vulnerable Transactions In Corporate Insolvency

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Author : John Armour
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-02-13

Vulnerable Transactions In Corporate Insolvency written by John Armour and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-02-13 with Law categories.

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.

Avoidance Of Antecedent Transactions And Cross Border Insolvency

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Author :
language : en
Publisher:
Release Date : 2014

Avoidance Of Antecedent Transactions And Cross Border Insolvency written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Bankruptcy categories.

Personal Insolvency Law In Practice

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Author : Steven A. Frieze
language : en
Publisher: Sweet & Maxwell
Release Date : 2004

Personal Insolvency Law In Practice written by Steven A. Frieze and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.

This new handbook expertly guides practitioners step-by-step through personal insolvency law, right from the pre-petition stage to appeals. It combines a succinct analysis of the law with a clear explanation of its practical application. Covering all the relevant topics, including bankruptcy, insolvent partnerships and Individual Voluntary Arrangements, it will prove an indispensable tool for lawyers and insolvency practitioners advising either creditors or debtors. * Up-to-date with key legislative provisions from the Insolvency Act 2000 and the Enterprise Act 2002 * Highly practical treatment, with examples and case studies throughout * Provides all relevant forms * Contains a useful list of all bankruptcy courts

Recasting The Insolvency Regulation

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Author : Vesna Lazić
language : en
Publisher: Springer Nature
Release Date : 2019-12-12

Recasting The Insolvency Regulation written by Vesna Lazić and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-12 with Law categories.

This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation. Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor’s centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast. This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value./div Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam./div

The Framework Of Corporate Insolvency Law

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Author : Hamish Anderson
language : en
Publisher: Oxford University Press, USA
Release Date : 2017

The Framework Of Corporate Insolvency Law written by Hamish Anderson 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 2017 with Law categories.

This book examines English corporate insolvency law, in particular the procedures under the Insolvency Act 1986, from both conceptual and functional points of view. It focuses on identifying either a rational explanation for the form that the rules and institutions of the modern law take, or the history which has resulted in the present position.

Cross Border Insolvency Proceedings

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Author : Remigijus Jokubauskas
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-30

Cross Border Insolvency Proceedings written by Remigijus Jokubauskas and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-30 with Law categories.

This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.

International Secured Transactions

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Author :
language : en
Publisher: Oxford University Press, USA
Release Date : 2003

International Secured Transactions written by 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 2003 with Conflict of laws categories.

The latest release contains the following information. - CYPRUS: Introduction; Objectives of Secured Transactions Regime; Basic Approaches to Security; Creation of Security Interest; Filing System; Publicity; Priority; Pre-Default Rights and Obligations; Consumer Protection; Default and Enforcement; Insolvency; Conflict of Laws and Territorial Application; Conclusion - DENMARK: Introduction; Objectives of Secured Transactions Regime; Basic Approaches to Security; Creation; Filing System; Insolvency; Conclusion - GERMANY: Introduction; Basic Approaches to Security; Creation of Security Rights; Publicity and Filing Systems; Enforcement; Insolvency; Conflict of Laws and Territorial Application; Recognition and Enforcement of Foreign Judgments and Arbitral Awards; Conclusion - POLAND: Introduction; Basic Approaches to Security; Creation; Filing System; Priority; Default and Enforcement; Insolvency - UKRAINE: Key Objectives of Secured Transactions Regime; Basic Approaches to Security; Creation of Security Interests; Priority; Pre-Default Rights and Obligations of the Parties; Default and Enforcement; Insolvency; Conflicts of Law and Territorial Application International Secured Transactions examines the UNCITRAL Draft Guide on Secured Transactions which is designed to promote increased access to low-cost credit by encouraging the introduction of effective and efficient domestic secured transactions laws around the world. This publication also offers an analysis of current secured transactions law in over 30 commercial jurisdictions. Many of the jurisdictions covered have laws that significantly track the UNCITRAL Draft Guide. Leading practitioners from major law firms in North and South America, Europe, and Asia provide insightful, practical commentary on their respective security interests' regimes, comparing them with the provisions of the UNCITRAL legislative guidelines and, ultimately, advising on the status of their implementation in their respective countries. About the Center for International Legal Studies The Center for International Legal Studies (CILS) is a non-profit research, training, and law publications institute, established and operating under Austrian law. Its international headquarters are in Salzburg, Austria, having operated from there since 1976. CILS cooperates internationally with numerous institutions of higher legal education, lawyers' professional associations and international organizations such as UNCITRAL, the ITU, and WIPO, and is participating - with a 16 member delegation in the United Nations' Information Technology Summits (WSIS) in Geneva and Tunis. The essential purpose of the Center for International Legal Studies is the promotion of the dissemination of information among members of the international legal community through legal research and publication projects, post-graduate and professional training programs, and annual legal education conferences. Countries covered include Argentina, Australia, Brazil, Canada, Colombia, Czech Republic, Denmark, Germany, Hungary, Ireland, Israel, Italy, Japan, Jersey, New Zealand, Philippines, Romania, Russian Federation, Slovak Republic, Spain, Sweden, Switzerland, Thailand, United States, and Venezuela. Additional countries to be added are Austria, Belgium, Chile, China, Finland, France, Greece, Luxembourg, Mexico, Peru, Portugal, Serbia, Singapore, South Africa, Taiwan, United Kingdom, and the Ukraine. The publication will include special reports on European Union aspects and UNIDROIT, an introductory chapter prepared by UNCITRAL, and appendices provided by UNCITRAL.

Principles Of European Insolvency Law

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Author : W. W. McBryde
language : en
Publisher:
Release Date : 2005-01-01

Principles Of European Insolvency Law written by W. W. McBryde and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-01-01 with Law categories.

In the past decades, many Member States of the European Union have introduced important new legislation in the field of insolvency law. Principles of European Insolvency Law tries to capture the common elements that national insolvency laws share and that make up the essence of insolvency proceedings in Europe. It makes a first, and, so far, unique attempt, to tackle an area of law which is of great commercial importance, but in which some might have thought it was too difficult to detect a European approach. Principles of European Insolvency Law looks to a future of more European integration in areas of commercial law and practice. They may serve as working material for further study, which could result in proposals for legislation on a supranational level. In the shorter term, the Principles will be of use in efforts to modernise national insolvency laws by serving as a 'European framework'. Taking account of the Principles in drafting reform proposals can lead to a greater conformity of new national legislation with the essence of European insolvency law.