The law of insolvency / Ian F. Fletcher.

London : Sweet & Maxwell, 2017.

5th edition

87613

Bankruptcy -- England.

Bankruptcy -- Wales.

1. THE NATURE AND INCIDENCE OF INSOLVENCY

2. THE EVOLUTION OF THE ADMINISTRATIVE MACHINERY OF INSOLVENCY LAW

PART I: PERSONAL INSOLVENCY (INSOLVENCY OF INDIVIDUALS)

3. THE LAW IN OUTLINE

4. VOLUNTARY PROCEDURES AND ALTERNATIVES TO BANKRUPTCY

5. WHO CAN BE MADE BANKRUPT?

6. THE BANKRUPTCY PETITION OR APPLICATION

7. THE BANKRUPTCY ORDER AND ITS CONSEQUENCES: (I)-GENERAL AND PROCEDURAL ASPECTS

8. THE BANKRUPTCY ORDER AND ITS CONSEQUENCES: (11)-PROPRIETARY EFFECTS

9. PROOF OF DEBTS

10. DISTRIBUTION OF ASSETS

11. TERMINATION OF BANKRUPTCY

12. DECEASED INSOLVENTS; DEBT RELIEF ORDERS; APPEALS IN BANKRUPTCY CASES

13. BANKRUPTCY AND THE CRIMINAL LAW

PART IIA: COMPANY INSOLVENCY: NON-LIQUIDATION PROCEDURES; RECEIVERSHIP; VOLUNTARY ARRANGE- MENTS; ADMINISTRATION

14. RECEIVERS

15. COMPANY VOLUNTARY ARRANGEMENTS IN ENGLAND AND WALES

PART IIB: COMPANY INSOLVENCY: LIQUIDATION PROCEDURES: THE WINDING-UP OF INSOLVENT COMPANIES

16. COMPANY ADMINISTRATIONS

17. WINDING-UP LAW IN OUTLINE

PARTIIBl: COMPANY INSOLVENCY: CREDITORS' VOLUNTARY WINDING-UP

18. WHEN CAN A CREDITORS' VOLUNTARY WINDING-UPTAKE PLACE?

19. CREDITORS' VOLUNTARY WINDING-UP

PART IIB2: COMPANY INSOLVENCY: COMPULSORY WINDING-UP (WINDING-UP BY THE COURT)

20. WHEN CAN A COMPULSORY WINDING-UP TAKE PLACE?

21. THE WINDING-UP PETITION

22. THE WINDING-UP ORDER AND ITS CONSEQUENCES

PART IIB3: COMPANY INSOLVENCY: ASPECTS COMMON TO BOTH FORMS OF INSOLVENT LIQUIDATION

23. PROOF OF DEBTS

24. COLLECTION AND DISTRIBUTION OF ASSETS

25. THE CONCLUSION OF THE WINDING-UP: DISSOLUTION AND AFTER

26. THE EFFECTS OF WINDING-UP ON CREDITORS AND THIRD PARTIES

PART III: INTERNATIONAL INSOLVENCY

27. LIABILITY OF DIRECTORS AND OTHERS

28. INTRODUCTION: GENERAL PROBLEMS, AND ISSUES OF PRINCIPLE

29. BANKRUPTCIES WITH AN INTERNATIONAL ELEMENT: THE ENGLISH LAW AND PRACTICE

30. LIQUIDATIONS WITH AN INTERNATIONAL ELEMENT

31. INTERNATIONAL REGULATION OF CROSS-BORDER INSOLVENCY (I): NATIONAL AND EUROPEAN LEGISLATIVE PROVISIONS

32. INTERNATIONAL REGULATION OF CROSS-BORDER INSOLVENCY (II): GLOBAL INITIATIVES

APPENDIX: INSOLVENCY STATISTICS.

This book should be a practitioner's first port of call for any question about the law of insolvency, whether corporate, personal, or cross-border in nature. This breadth of material is rendered accessible by a focus on the key problems and decision making processes involved in each area, and has been fully rewritten to incorporate the changes in practice and procedure made by the Insolvency Rules 2016. Main Features: Incorporates major changes to primary and secondary legislation: Enterprise and Regulatory Reform Act 2013; Deregulation Act 2015; Small Business, Enterprise and Employment Act 2015; Insolvency Rules (England and Wales) 2016, plus Practice Directions issued in 2014. Includes commentary on the EU Insolvency Regulation, both in the original (2000) and recast (2015) versions. Significant changes to insolvency procedures, including the replacement of debtors' bankruptcy petitions to the court by online applications to an adjudicator; the abolition in virtually all cases of physical meetings of creditors, and also of company members, during the course of insolvency proceedings; various alternative procedures for an office holder to obtain creditors' and members' consent, including by the deemed consent procedure; removal of the requirement for liquidators to obtain sanction for the exercise of certain powers; extension of liability for wrongful or fraudulent trading to cases of company administration. More than 300 new cases included in the new edition, including judgments by the Supreme Court in Jetivia v. Bilta (extraterritorial application of ss.213 and 238 of the Insolvency Act 1986); Olympic Airlines SA (jurisdiction under art.3(2) of the EU Insolvency Regulation); Eurosail (test for balance sheet insolvency); Belmont Park Investments (the anti-deprivation rule); Paycheck Services (meaning of 'de facto director'); the Nortel and Lehman Companies Pensions Cases ('provable debts' in administration); Rubin v. Eurofinance (limits to common law assistance for foreign insolvency proceedings). Judgments by the Privy Council in cases relating to cross-border insolvency, including Saad Investments; Singularis Holdings; and Stichting Shell Pensioenfonds v.Krys. - Publisher's website.

Previous edition: 2009.

9780414028425

cxliii, 1098 pages ; 25 cm