Corporate and Personal Insolvency Law

ISBN-13: 9781859417720 / Angielski / Miękka / 2003 / 508 str.

Fiona M. Tolmie;Tolmie Fiona; Fiona Tolmie

Opis

This second edition has been updated to include major developments in corporate and personal insolvency law. Key changes to the text were necessitated by the considerable volume of case law in recent years and by statute, including the Welfare Reform and Pensions Act 1999, the Insolvency Act 2000, the European Council Regulation on Insolvency Proceedings 2000, the Limited Liability Partnerships Act 2000 and the Enterprise Act 2002. litigation by office-holders and cross-border insolvency within Europe have been taken into account, as have changes to the assets available to creditors in a bankruptcy and to the order of distribution in both bankruptcy and liquidation. insolvency law and covers the Department of Trade and Industry's resolution to address the issue of indebtedness. 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.

Spis treści

History of Insolvency Law; The Creditors; The Debtors; Enforcement of Debt Outside Insolvency; Receivership; Rescue Outside the Insolvency Legislation; Individual and Company VoluntaryArrangements; Company Administration Orders; Partnership Rescue; The Place of the Employee in the Rescue Culture; The Statutory Demand; The Process of Bankruptcy; Voluntary Liquidation; Compulsory Liquidation; Winding Up Insolvent Partnerships; Control of the Insolvency System; Investigation of the Insolvent; Sanctions in Bankruptcy; Preventing Abuse of the Privilege of Limited Liability; Effect of Liquidation or Bankruptcy on Creditors' Rights; Assets Available to the Creditors: General Principles; The Extent of a Bankrupt's Estate; Assets Claimed by Third Parties; Security Rights over Assets of the Insolvent; Swelling the Assets: Clawing-Back; Swelling the Assets: Third Party Liability; Funding Litigation by the Insolvency Practitioner; Other Sources of Payment for Creditors; Distribution of the Available Assets.

O autorze

Fiona Tolmie, BA, LLM, Solicitor, is Principal Lecturer in Law at Kingston University.