Transaction avoidance in insolvencies (2^nd Ed.)

This new edition of Transaction Avoidance in Insolvencies considers a range of practical issues that arise in a typical transaction avoidance case as well as all the possible ways in which a vulnerable transaction might be attacked, in recognition of the fact that the provisions contained in the Insolvency Act 1986 might not always be the only possibilities available. Fully updated to cover legislative amendments arising from the Enterprise Act 2002 and the Companies Act 2006, as well as coverage of the 2009 changes to Insolvency Rules 1986, the book provides a timely resource for insolvency practitioners following the upturn in insolvency cases brought about by the economic crisis. Including new specialist material on property-related aspects and on transactions involving complex financial structures including swaps and derivatives, this book is essential reading for insolvency practitioners as well as company directors, banks, academics and postgraduate students of insolvency law.

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

Rebecca Parry is a professor at Nottingham Law School, Nottingham Trent University, specialising in corporate insolvency law. James Ayliffe QC is at Wilberforce Chambers and has a particular expertise in real estate related insolvency. Sharif Shivji is a leading junior at 4 Stone Buildings specialising in insolvency and as a former derivatives trader has specialist knowledge of the financial markets. Sebastian Allen is a commercial barrister at Wilberforce Chambers. Emily Campbell is a barrister at Wilberforce Chambers with an expertise in pension schemes. William Trower QC of 3-4 South Square specialises in corporate insolvency. Hamish Anderson is an insolvency partner at Norton Rose LLP.