The Law of Insolvency

The Law of Insolvency supplies practitioners with an in-depth examination of both corporate and personal insolvency, covering both UK law and international insolvency. It provides solutions to the most complex legal problems in this area. This new 5th edition:-

• Incorporates major changes to primary and secondary legislation: Enterprise and Regulatory Reform Act 2013; Deregulation Act 2015; Small Business, Enterprise and Employment Act 2015; Insolvency Rules (England and Wales) 2016, plus Practice Directions issued in 2014.
• Includes commentary on the EU Insolvency Regulation, both in the original (2000) and recast (2015) versions.
• Significant changes to insolvency procedures, including the replacement of debtors? bankruptcy petitions to the court by online applications to an adjudicator; the abolition in virtually all cases of physical meetings of creditors, and also of company members, during the course of insolvency proceedings; various alternative procedures for an office holder to obtain creditors? and members? consent, including by the deemed consent procedure; removal of the requirement for liquidators to obtain sanction for the exercise of certain powers; extension of liability for wrongful or fraudulent trading to cases of company administration.
• More than 300 new cases included in the new edition, including judgments by the Supreme Court in Jetivia v. Bilta (extraterritorial application of ss.213 and 238 of the Insolvency Act 1986); Olympic Airlines SA (jurisdiction under art.3(2) of the EU Insolvency Regulation); Eurosail (test for balance sheet insolvency); Belmont Park Investments (the anti-deprivation rule); Paycheck Services (meaning of ?de facto director?); the Nortel and Lehman Companies Pensions Cases (?provable debts? in administration); Rubin v. Eurofinance (limits to common law assistance for foreign insolvency proceedings).
• Judgments by the Privy Council in cases relating to cross-border insolvency, including Saad Investments; Singularis Holdings; and Stichting Shell Pensioenfonds v.Krys.

The nature and incidence of insolvency.
The evolution of the administrative machinery of insolvency law.
Part One: Personal insolvency.
Bankruptcy law in outline.
Voluntary procedures and alternatives to bankruptcy.
Who can be made bankrupt?
The bankruptcy petition.
The bankruptcy order and its
consequences: general and procedural aspects.
The bankruptcy order and its consequences: Proprietary effects.
Proof of debts.
Distribution of assets.
Termination of bankruptcy.
Special cases.
Bankruptcy and the criminal law.
Part Two: Company insolvency.

Section A.
Non liquidation procedures: Receivers.

Section B.
Alternatives to winding up: Company voluntary arrangements in England and Wales.
Company
administration orders history.
Section B(1).
The winding up of insolvency companies.
Winding up law in outline.
Section B(2).
Creditors' voluntary winding up: When can a creditor's voluntary winding up take place?
Creditors' voluntary winding up: to the appointment of the liquidator.
When can a compulsory winding up take place.