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Nonfiction Vulnerable Transactions in Corporate Insolvency

Posted on 2010-04-15




Name:Nonfiction Vulnerable Transactions in Corporate Insolvency
ASIN/ISBN:1841133477
Publisher:Hart Publishing
Publish Date:2003-05
Pages:576 pages
File size:1.3 Mb
Publisher: Hart Publishing
Publish Date: 2003-05
ISBN: 1841133477
File Type: PDF
Pages: 576 pages
File Size: 1.3 MB
   Nonfiction Vulnerable Transactions in Corporate Insolvency

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John Armour, Howard N. Bennett, "Vulnerable Transactions in Corporate Insolvency"

This text examines powers and remedies available to a liquidator or administrator that render "vulnerable" the company's prior contractual commitments or proprietary dispositions so as to enhance the asset pool available to creditors. In the process, it does two things. First, it offers comprehensive accounts of the relevant causes of action: undervalue transactions, preferences, late floating charges, unregistered charges, transactions defrauding creditors, gratuitous corporate transactions and post-petition dispositions in liquidation. Secondly, it seeks to raise issues about the context and purpose of these causes of action. These are considered through a discussion of their relationship to the pari passu principle; a restitutionary analysis of the remedial provisions; and issues arising specifically in cross-border and international insolvency proceedings. The book is thus a source of reference both for insolvency litigators and for transactional lawyers seeking advice on potential vulnerability. The thematic approach and rigorous analysis should also make it of interest to an academic readership.

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