Corporate and Personal Insolvency Law 2nd Edition by Fiona Tolmie ISBN 1135336229 9781135336226

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Product details:

ISBN 10: 1135336229

ISBN 13: 9781135336226

Author:  Fiona Tolmie 

Corporate and Personal Insolvency Law 2nd Edition: Corporate and Personal Insolvency Law provides a basic framework of knowledge of the current legal rules and a comprehensive introduction to the underlying issues. It will be ideal for those studying insolvency at undergraduate or postgraduate level and for those studying professional examinations and practising in the area.

 

Corporate and Personal Insolvency Law 2nd Edition Table of contents:

PART I: GENERAL INTRODUCTION

• CHAPTER 1: Introduction
• CHAPTER 2: History of Insolvency Law
• CHAPTER 3: The Creditors
• CHAPTER 4: Who Are the Creditors?
• CHAPTER 5: The Debtors
• CHAPTER 6: Sole Traders
• CHAPTER 7: Reasons for Business Failure
• CHAPTER 8: Enforcement of Debt Outside Insolvency
• CHAPTER 9: Enforcement of a Judgment Debt Against a Solvent Debtor
• CHAPTER 10: Taking Control of Goods
• CHAPTER 11: Receivership
• CHAPTER 12: Distinction Between Administrative and Law of Property Act Receiver

PART II: AVOIDING BANKRUPTCY OR LIQUIDATION: THE ‘RESCUE CULTURE’

• CHAPTER 13: Introduction to Part II
• CHAPTER 14: Corporate Insolvency Statistics 1996–98
• CHAPTER 15: Rescue Outside the Insolvency Legislation
• CHAPTER 16: The London Approach
• CHAPTER 17: Individual and Company Voluntary Arrangements
• CHAPTER 18: CVA
• CHAPTER 19: Consequences of Approval of a Voluntary Arrangement
• CHAPTER 20: Company Administration Orders
• CHAPTER 21: Court Order
• CHAPTER 22: Partnership Rescue
• CHAPTER 23: The Place of the Employee in the Rescue Culture
• CHAPTER 24: Employees’ Rights on the Sale of the Business

PART III: BANKRUPTCY AND LIQUIDATION PROCEDURES

• CHAPTER 25: Introduction to Part III
• CHAPTER 26: The Statutory Demand
• CHAPTER 27: The Process of Bankruptcy
• CHAPTER 28: Initiating Bankruptcy
• CHAPTER 29: Powers of the Trustee in Bankruptcy
• CHAPTER 30: Voluntary Liquidation
• CHAPTER 31: Creditors’ Meeting
• CHAPTER 32: Compulsory Liquidation
• CHAPTER 33: Grounds for Petition
• CHAPTER 34: Consequences of a Winding Up Order
• CHAPTER 35: Appointment of a Liquidator
• CHAPTER 36: Winding Up Insolvent Partnerships
• CHAPTER 37: Jurisdiction
• CHAPTER 38: Locus Standi and Grounds for Petition
• CHAPTER 39: Conduct of the Insolvencies
• CHAPTER 40: Conduct of the Bankruptcies

PART IV: MAINTAINING PUBLIC CONFIDENCE

• CHAPTER 41: Introduction to Part IV
• CHAPTER 42: Control of the Insolvency System
• CHAPTER 43: Monitoring
• CHAPTER 44: Investigation of the Insolvent
• CHAPTER 45: Corporate Insolvency
• CHAPTER 46: Court Assistance in Investigation
• CHAPTER 47: Public Examination
• CHAPTER 48: Public Examination in the Case of a Liquidation
• CHAPTER 49: The Right to Silence?
• CHAPTER 50: Sanctions in Bankruptcy
• CHAPTER 51: Bankruptcy Offences
• CHAPTER 52: Preventing Abuse of the Privilege of Limited Liability
• CHAPTER 53: Fraud in Anticipation of Winding Up
• CHAPTER 54: Misconduct in the Course of a Winding Up
• CHAPTER 55: False Representations to Creditors
• CHAPTER 56: The Nature of Disqualification Proceedings
• CHAPTER 57: Preventing Directors from Re-using the Company Name

PART V: THE CREDITORS’ BATTLE FOR THE ASSETS

• CHAPTER 58: Introduction to Part V
• CHAPTER 59: Effect of Liquidation or Bankruptcy on Creditors’ Rights
• CHAPTER 60: Liquidation
• CHAPTER 61: Limitations on Application of Set-Off
• CHAPTER 62: Assets Available to the Creditors: General Principles
• CHAPTER 63: Defeasible Interests
• CHAPTER 64: The Extent of a Bankrupt’s Estate
• CHAPTER 65: Beneficial Ownership of the Home
• CHAPTER 66: Assets Claimed by Third Parties
• CHAPTER 67: Successive Retention of Title
• CHAPTER 68: Security Rights Over Assets of the Insolvent
• CHAPTER 69: Registration of Charges
• CHAPTER 70: Swelling the Assets: Clawing-Back
• CHAPTER 71: Dispositions of Property Between Petition and Order
• CHAPTER 72: Transactions at an Undervalue within the Relevant Period
• CHAPTER 73: Preferences
• CHAPTER 74: Excessive Pension Contributions
• CHAPTER 75: Payments by Contributories
• CHAPTER 76: Directors’ Common Law Duty of Care
• CHAPTER 77: Fraudulent Trading
• CHAPTER 78: Consequences of Liability for Wrongful Trading
• CHAPTER 79: How Effective is s 214 of the Insolvency Act 1986?
• CHAPTER 80: Funding Litigation by the Insolvency Practitioner
• CHAPTER 81: Other Sources of Payment for Creditors
• CHAPTER 82: Categories of Guaranteed Payments
• CHAPTER 83: Distribution of the Available Assets
• CHAPTER 84: Subrogation

PART VI: AN INTRODUCTION TO ISSUES OF CROSS-BORDER INSOLVENCY

• CHAPTER 85: An Introduction to Cross-Border Issues
• CHAPTER 86: Section 426 of the Insolvency Act 1986
• CHAPTER 87: The UNCITRAL Model Law on Cross-border Insolvency

 

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