Insolvency Law

Corporate and Personal

Insolvencylawcorporateandpersonal_full_cover

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Published:
August 2008
Edition:
2nd
Format:
Papercover
ISBN:
978 1 84661 119 3
Author:
Professor Andrew Keay, Dr Peter Walton
Category:
Insolvency

With personal debt and business rescues increasing rapidly, even non-specialist practitioners are increasingly finding their work affected by corporate or personal insolvency.

Insolvency Law: Corporate and Personal is 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 second edition includes coverage of international insolvencies, and every part of the book dealing with Administration to Winding Up has been fully revised in light of legislative and case law changes.

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.

Professor Andrew Keay, Professor of Corporate and Commercial Law, University of Leeds
Dr Peter Walton, Reader in Law and LPC Course Director, University of Wolverhampton

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 

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

"clear, concise, readable and uncluttered. The balance between breadth and depth of coverage has been well struck ... a popular foundation work"
The Cambridge Law Journal

"a clear, readable and comprehensive account of the principles of insolvency law ... discusses the subject in appropriate depth and breadth to make it suitable for both practitioners and students"
German-British Chamber of Industry & Commerce


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