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This book is now Out of Print.
A new edition was published, see:
Insolvency Law: Corporate and Personal 5th ed isbn 9781474317269

Insolvency Law: Corporate and Personal 4th ed


ISBN13: 9781784733094
New Edition ISBN: 9781474317269
Previous Edition ISBN: 9781846615030
Published: July 2017
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: Out of print



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 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.

Subjects:
Insolvency Law
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