Overview
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.
Full Product Details
Author: John Armour (University of Oxford) ,
Howard Bennett (University of Nottingham, UK)
Publisher: Bloomsbury Publishing PLC
Imprint: Hart Publishing
Dimensions:
Width: 15.60cm
, Height: 4.50cm
, Length: 23.40cm
Weight: 1.100kg
ISBN: 9781841133478
ISBN 10: 1841133477
Pages: 576
Publication Date: 13 February 2003
Audience:
College/higher education
,
Professional and scholarly
,
Undergraduate
,
Postgraduate, Research & Scholarly
Format: Hardback
Publisher's Status: Active
Availability: Manufactured on demand
We will order this item for you from a manufactured on demand supplier.
Reviews
The standards of production match the excellence of the text in this impressive work. Both the publisher and editors can reflect with pride on their work. -- David Milman * Insolvency Lawyer *
The standards of production match the excellence of the text in this impressive work. Both the publisher and editors can reflect with pride on their work. David Milman Insolvency Lawyer September 2003
The standards of production match the excellence of the text in this impressive work. Both the publisher and editors can reflect with pride on their work.David MilmanInsolvency LawyerSeptember 2003
The standards of production match the excellence of the text in this impressive work. Both the publisher and editors can reflect with pride on their work. David Milman Insolvency Lawyer September 2003
Author Information
John Armour is Lovells Professor of Law and Finance at the University of Oxford and a Fellow of Oriel College, Oxford. Howard Bennett is Hind Professor of Commercial Law at the University of Nottingham.
