Transaction Avoidance in Insolvencies

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.

A. Introduction 1: Introduction 2: The rationale of transaction avoidance B. Avoidance laws applicable in insolvency 3: Post petition dispositions 4: Transactions at an undervalue 5: Preferences 6: Extortionate credit transactions 7: Disclaimer 8: Unenforceable liens 9: Avoidance of general assignments of book debts 10: Transactions defrauding creditors 11: Conflict with the pari passu principle C. Issues peculiar to bankruptcy 12: Matrimonial homes 13: Concurrent bankruptcy and divorce proceedings 14: Pensions (bankruptcy) D. Issues peculiar to corporate insolvency 15: Pensions (corporate insolvency) 16: Floating charge avoidance: Non registration 17: Floating charge avoidance: Late execution 18: Avoidance powers under the Companies Act 2006 19: Officeholder Claims E. Cross border transaction avoidance 20: Transaction avoidance in Scotland 21: Cross border considerations 22: Offshore jurisdictions F. Practical issues 23: Evidence gathering 24: Overlap with other proceedings 25: Limitation periods 26: Destination of proceeds of transaction avoidance