3 edition of Avoidance provisions in insolvency law found in the catalog.
Avoidance provisions in insolvency law
Andrew R. Keay
Includes bibliographical references and index.
|Statement||by Andrew R. Keay.|
|LC Classifications||KU965.6 .K43 1997|
|The Physical Object|
|Pagination||xxxviii, 390 p. ;|
|Number of Pages||390|
|LC Control Number||98115908|
The International Insolvency Review differs from the typical global review of insolvency law. it focuses on current economic conditions and case developments on the ground in key jurisdictions instead of merely on the basic principles of local insolvency law. The number of commercial insolvencies commenced worldwide has steadily fallenFile Size: KB. The Hong Kong Corporate Insolvency Manual has emerged as the leading resource for accounting and legal professionals working in the field. The Manual addresses the latest significant developments in insolvency law and practice.. The latest edition expands on the discussion of Hong Kong corporate insolvency law, the PRC Bankruptcy Law and cross-border insolvency, with specific .
Introduction -- 2. The rationale of the transaction avoidance provisions of the Insolvency Act -- 3. Post-petition dispositions (Insolvency Act , sections and ) -- 4. Transactions at an undervalue (Insolvency Act , sections and ) -- 5. Preferences (Insolvency Act , sections and ) -- 6. Limitation; Insolvency Laws. As used in this Section (j): (a) the term “Applicable Insolvency Laws” means the laws of the United States of America or of any State, province, nation or other governmental unit relating to bankruptcy, reorganization, arrangement, adjustment of debts, relief of debtors, dissolution, insolvency, fraudulent transfers or conveyances or other similar laws.
Insolvency is a complex and specialist area of law, so if you do need advice on these or any related issues, please contact Sue Ryan or one of our Restructuring & Insolvency experts. Other parts in the insolvency in construction series. Insolvency in construction: what is insolvency? Insolvency - in contract with an insolvent company - what now? (2) If the law of a Land exempts the assets owned by a legal person from insolvency proceedings under subsection (1) no. 2, the employees of such legal person in case of its insolvency or overindebtedness may apply to the Land for benefits due to them in case of insolvency proceedings opened under the provisions of the Third Book of the Social.
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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 new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Ruleswhich came into force in This chapter examines the extent to which it is helpful to analyse the statutory provisions on the avoidance of transactions in insolvency proceedings as reversing an unjust enrichment.
It argues that the common law rules of unjust enrichment (e.g., defences such as change of position) have no role to play except as ‘transaction-related cross-claims’ by the : Roy Goode. insolvency law.9 5 Such avoidance rules are not unique in English insolvency law, but are ubiquitous in all bankruptcy systems.
While the precise elements of each avoidance provision differ from jurisdiction to jurisdiction, the differences merely reflect the local insolvency and commercial policies. 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 might not always be the only.
Keay, Andrew R. Avoidance provisions in insolvency law / Andrew R. Keay LBC Information Services North Ryde, N.S.W Wikipedia Citation Please see Wikipedia's template documentation for further citation fields that may be required.
Post-classical Roman law forms the starting point of this research, followed by ancient Dutch and French law. Subsequently, Sander describes the development of the practice of and provisions on transaction avoidance during the age of codification.
Lastly, the provisions laid. The book analyses these provisions, and related rules of common law and equity, in the context of both corporate and personal insolvency law.
A wide range of practical issues are considered, including the link between transaction avoidance and director disqualification proceedings; the funding of the avoidance action; and evidence gathering.5/5(1). That provision states, in essence, that the avoidance rules contained in the law of the insolvency proceedings (the lex concursus) do not apply where the person who benefited from an allegedly voidable act proves that it is subject to the law of another Member State (the lex causae) which does not allow any means of challenging the act in the.
The Companies (Winding Up and Miscellaneous Provisions) (Amendment) Ordinance (Cap. 32) (the “Amendment Ordinance”) recently came into operation on 13 February The Amendment Ordinance brings Hong Kong’s winding-up procedures and insolvency law in line with international developments.
As identified in the reform exercise, the underlying objectives are to have a more. A recent reform of the German Insolvency Statute (Insolvenzordnung, InsO) has relaxed the avoidance provision against so-called “willful disadvantage” (§ InsO).Under the willful disadvantage provision, a transaction is voidable if it was made by the debtor (a) within ten years prior the request to open insolvency proceedings; (b) with the intention to disadvantage his creditors and (c.
Chief among these avoidance provisions are section of the Insolvency Act 6 (‘IA ’) aimed at conserving the debtor’s estate and section of IA 4 Raleigh v Illinois Dept. of Revenue, US 15, 20 (); Travelers Casualty & Surety Co.
In book: The Law and Finance of Related Party Transactions, pp The paper also discusses the relationship between avoidance provisions and other solutions for the bankruptcy of groups. The IBA’s Insolvency Section is the most prominent international association of lawyers interested in restructuring, insolvency and creditors’ rights law, as well as related company law, transactional and litigation practices.
If you wish to add the Insolvency Section to. the insolvency law Download the insolvency law or read online books in PDF, EPUB, Tuebl, and Mobi Format. Click Download or Read Online button to get the insolvency law book now. This site is like a library, Use search box in the widget to get ebook that you want.
review of the insolvency laws of Singapore, it would appoint a committee of insolvency practitioners, academics and stakeholders to form an Insolvency Law Review Committee (the “Committee”) to review the existing bankruptcy and corporate insolvency regimes, and to issue a report making.
This title is a systematic and critical examination of the many and varied statutory provisions which may operate to invalidate securities taken by credit-providers when a borrower runs into financial difficulties.
The book contains practical advice and commentary, having been written by a leading insolvency practitioner with over 20 years experience in the area, first as a Chartered. This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world.
The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting5/5(1).
The federal government recently introduced a reform act which aims to improve legal certainty in connection with the existing avoidance rules under the Insolvency Code. The government has indicated that the act is intended to be a "selective readjustment" of avoidance rules.
Measures proposed in the act appear unlikely to resolve all the issues that arise under avoidance provisions, but they. Insolvency in South African law refers to a status of diminished legal capacity (capitis diminutio) imposed by the courts on persons who are unable to pay their debts, or (which amounts to the same thing) whose liabilities exceed their insolvent's diminished legal capacity entails deprivation of certain of his important legal capacities and rights, in the interests of protecting.
This paper is a high level introduction to corporate insolvency law for students of company law. Despite that being the context in which this paper is presented, it is wrong to regard insolvency law, even corporate insolvency law, as merely a branch of company law.
Insolvency law pre-dates company law by several Size: KB. Conflict of Laws in Insolvency Transaction Avoidance. Singapore Academy of Law Journal, Vol.
20, p.32 Pages Posted: 10 Jul See all articles by Look Chan Ho This article is the first of its kind in considering the current state of play under English choice of law rules in insolvency transaction avoidance and proposes the Cited by: 1.The recast EU regulation on Insolvency Proceedings contains a chapter on group insolvency proceedings, including provisions on cross-border cooperation of insolvency courts and insolvency practitioners from various insolvent group companies and a coordination procedure to afford a greater chance of rescuing the group as a whole, where possible.