Last edited by Brazshura
Wednesday, August 12, 2020 | History

5 edition of Avoidance Provisions in Insolvency found in the catalog.

Avoidance Provisions in Insolvency

Andrew Keay

Avoidance Provisions in Insolvency

by Andrew Keay

  • 267 Want to read
  • 24 Currently reading

Published by Law Book Co of Australasia .
Written in English


The Physical Object
Number of Pages390
ID Numbers
Open LibraryOL7591472M
ISBN 100455214999
ISBN 109780455214993
OCLC/WorldCa38411568

Indeed, provisions of insolvency law, such as avoidance rules, are linked to a connecting factor which is not (entirely) freely selectable, namely the centre of the insolvent debtor’s main interests. 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 efficient administration of the winding-up process and enhanced creditor protection. New and Improved Avoidance Provisions.

B Reasons for avoidance of general assignments of book debts. The main reasons for the provisions relating to the avoidance of general assignments of book debts are to encourage registration as, without registration, it can be difficult to establish whether a proper price has been paid in . Transactions pursuant to Article (2) are avoidable only if the provisions of the avoidance rules of both the opening state of the insolvency proceedings (lex concursus) and of the state whose law, according to German conflict of laws rules, is applicable for the transaction in question (lex causae) are fulfilled. Assuming, for instance.

Dec 13,  · McCormack G, Keay A, Brown S, Dahlgreen J () Study on a new approach to business failure and insolvency. Comparative legal analysis of the Member States’ relevant provisions and practices. Study commissioned by the European Commission, DG Justice and ritacrossley.com: Elena-Alina Oprea. This guidance reviews termination of contract, corporate recovery and insolvency, primarily from the perspective of a chartered surveyor with a high level of specialism.


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Avoidance Provisions in Insolvency by Andrew Keay Download PDF EPUB FB2

Feb 07,  · The book also contains some important new arguments relating to the issue of entitlements to any sums recovered as a result of an avoidance action, setting out the existing law, as established in Re Yagerphone but arguing that this case does not sit easily with the provisions of the Insolvency Act /5(1).

Mar 01,  · 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.

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 defendant.

From the comparative-historical examination, the possibilities to harmonise transaction avoidance provisions are assessed. Finally, these possibilities are checked against the recommendations regarding transaction avoidance provisions of the UNCITRAL Legislative Guide on Insolvency Law. Click here to read more about the book.

Avoidance provisions in insolvency law. North Ryde, N.S.W: LBC Information Services. MLA Citation. Keay, Andrew R. Avoidance provisions in insolvency law / Andrew R. Keay LBC Information Services North Ryde, N.S.W Australian/Harvard Citation. Avoidance Provisions in Insolvency book Rationale of the Transaction Avoidance Provisions of the Insolvency Act --II AVOIDANCE LAWS IN INSOLVENCY Post-Petition Dispositions (Insolvency ActSections and ) -- 4.

Transactions at an Undervalue (Sections and ) -- 5. The Rationale of the Transaction Avoidance Provisions of the Insolvency Act -- II AVOIDANCE LAWS IN INSOLVENCY -- 3. Post-Petition Dispositions (Insolvency ActSections and ) -- 4.

The long arm of insolvency proceedings: the extraterritorial reach of domestic avoidance provisions In an interactive panel session scholars, judges and legal practitioners will discuss current issues regarding the extraterritorial reach of domestic avoidance provisions. The session.

The rationale of the transaction avoidance provisions of the Insolvency Act Post-petition dispositions (Insolvency Actsections and ) Transactions at an undervalue (Insolvency Actsections and ) Preferences (Insolvency Actsections and ) Author Corporate Finance Lab Posted on July 19, September 30, Categories *In Dutch, Cross-border law, In Dutch, Insolvency Tags actio pauliana, Avoidance Provisions, Conflict of laws, ECJ, Insolvency Regulation Leave a comment on Gillis Lindemans over rechtskeuze bij pauliana op Oxford Business Law Blog Reform of German Avoidance.

(1) The following applies where a person engaged in any business makes a general assignment to another person of his existing or future book debts, or any class of them, and is subsequently [made] bankrupt.

(2) The assignment is void against the trustee of the bankrupt's estate as regards book debts which were not paid before the [making of the bankruptcy application or (as the case may be. The Insolvency and Bankruptcy Code, (IBC) is the bankruptcy law of India which seeks to consolidate the existing framework by creating a single law for insolvency and bankruptcy.

The Insolvency and Bankruptcy Code, was introduced in Lok Sabha in December Enacted by: Lok Sabha. 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 ritacrossley.com: Rebecca Parry.

The provisions are generally called as 'avoidance provisions' and are present in insolvency laws of almost all jurisdictions. They ensure that the value of assets of the company is maximized and all the creditors get their dues in an equitable manner.

These provisions aim at setting aside transactions which are preferential in ritacrossley.com: Singh & Associates. This course will introduce the essential provisions, guide you through the practicalities of bringing or defending a transaction avoidance claim and bring you up to date with the latest case law and insights.

What You Will Learn. This course will cover the following: Relevant provisions of the Insolvency Act broken down into easy steps. Second Circuit Holds Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially. By Leslie A. Berkoff, Moritt Hock & Hamroff LLP.

On 25 Februarythe Second Circuit Court of Appeals issued a decision in the case of Picard, trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (“Madoff Securities”). The Rationale of the Transaction Avoidance Provisions of the Insolvency Act Rebecca Parry A.

Introduction B. Transactions Vulnerable Outside Insolvency C. Transactions Vulnerable Only in Insolvency D. Conclusion PART II AVOIDANCE LAWS IN INSOLVENCY 3. Post-Petition Dispositions (InsolvencyActSections and ).

History. The Insolvency Act followed the publication and most of the findings in the Cork Report, including the introduction of the Individual Voluntary Arrangement (IVA) and Company Voluntary Arrangement (CVA) procedures.

Elements of the Act have been updated by the Enterprise Act which came into enforcement on 1 April and introduced amongst other things the popular "out-of Citation: c 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.

corporate insolvency law Download corporate insolvency law or read online books in PDF, EPUB, Tuebl, and Mobi Format. Click Download or Read Online button to get corporate insolvency law book now.

This site is like a library, Use search box in the widget to get ebook that you want. 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.Sep 26,  · avoidance provisions.

– Jim Hartley; and “The enforcement of foreign judgments in avoidance proceedings in insolvency” – Joshua Kelly. There is also a Recent Developments section and a Report from New Zealand.

ABLR Acting Justice Peter W Young AO ADRJ AIPJ AJ Admin L AJCCL ALJ Angelina Gomez AT Rev BCL book review Book reviews C.(3) Anyone advancing an amount of money under subsection (1), second sentence, may claim reimbursement of the advanced amount by any person who, in contravention of the provisions of insolvency or company law, as well as in contravention of his duties and wrongfully, has not requested the opening of insolvency proceedings.