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Principles of Corporate Insolvency Law

Principles of Corporate Insolvency Law
5th Edition
Practice Area:  Insolvency
ISBN:  9780414066014
Published by:  Sweet & Maxwell
Publication Date:  22 Mar 2019
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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PRODUCT DESCRIPTION

As an established textbook on the conceptual framework of corporate insolvency law widely used by postgraduate students, Principles of Corporate Insolvency Law is the essential guide you need to understand the fundamental principles and stay up-to-date in this complex area of law. The focus on basic concepts and their application to real-life transactions makes this work the ideal student textbook, combining academic rigour with practical relevance. 

  • Coverage of the new Insolvency Rules 2016 
  • Analysis of the changes made by the Small Business, Enterprise and Employment Act 2015, including in relation to insolvency procedure, directors’ liability, and transaction avoidance 
  • Expanded treatment of the anti-deprivation and pari passu rules, in light of recent case law 
  • Expanded treatment of ‘pre-packaged’ administrations, including where used in conjunction with schemes of arrangement 
  • Analysis of recent developments in the case law, including the Supreme Court decisions in the Lehman ‘Waterfall I’ proceedings, Akers v Samba Financial Group, Bilta (UK) Ltd v Nazir, Re Nortel GmbH, Rubin v Eurofinance SA, BNY Corporate Trustee Services Ltd v Eurosail, and Belmont Park Investments 
  • Analysis of recent common law developments in cross-border cases, including the decision of the Privy Council in Singularis Holdings Ltd v Pricewaterhouse Coopers 
  • Coverage of the recast EIR and related recent CJEU case law 

CONTENTS

  • The History and Framework of Corporate Insolvency Law 
  • The Foundations of Corporate Insolvency Law 
  • The Principles of Corporate Insolvency Law 
  • The Concept of Corporate Insolvency
  • The Winding-Up Process: An outline 
  • Winding-Up: Assets Available for Distribution 
  • The Anti-Deprivation Rule
  • The Proof, Valuation and Ranking of Claims in Winding-Up
  • Set-Off and Netting 
  • Administrative Receivership 
  • Administration 
  • Restructurings and Arrangements 
  • The Avoidance of Transactions on Winding-Up or Administration 
  • Improper Trading and the Duties and Liabilities and Directors 
  • The European Insolvency Regime 
  • International Insolvency

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