Insolvency and Restructuring Manual
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Insolvency and Restructuring Manual

Bibliographic Details
Main Author: Beale, Simon
Corporate Author: ProQuest Ebook Subscriptions
Other Authors: Keddie, Paul
Format: Online Book
Language:English
Published: London : Bloomsbury Publishing Plc, 2018.
Edition:3rd ed.
Subjects:
Access:Online version
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Table of Contents:
  • Intro
  • Preface
  • Table of Statutes
  • Table of Statutory Instruments
  • Table of Cases
  • Chapter 1 What are insolvency and restructuring?
  • 1.1 Introduction
  • 1.2 Where is corporate insolvency law found?
  • 1.3 Inability to pay debts
  • 1.4 What are the possible formal processes?
  • 1.5 What is the insolvent entity?
  • 1.6 Restructuring as an alternative
  • 1.7 What possible changes might occur?
  • Chapter 2 Who gets what?
  • 2.1 Introduction
  • 2.2 What will be available to the creditors?
  • 2.3 Secured creditors
  • 2.4 Expenses associated with the formal insolvency process
  • 2.5 Preferential debts
  • 2.6 The prescribed part
  • 2.7 Ordinary unsecured creditors
  • 2.8 Interest
  • 2.9 Non-provable debts
  • 2.10 Debts due to shareholders in their capacity as shareholders
  • 2.11 Set-off
  • Chapter 3 Liquidation
  • 3.1 Introduction
  • 3.2 What are the uses of each type of liquidation?
  • 3.3 Commencing a voluntary liquidation
  • 3.4 Commencing a compulsory liquidation
  • 3.5 What are the other consequences of liquidation?
  • 3.6 Disclaimer
  • 3.7 Duties of the liquidator
  • 3.8 Powers of the liquidator
  • 3.9 How are creditors involved and informed?
  • 3.10 How do unsecured creditors recover monies due to them?
  • 3.11 The distribution process
  • 3.12 Dealing with creditors in an MVL
  • 3.13 Ending the liquidation
  • Chapter 4 Administration
  • 4.1 Introduction
  • 4.2 What is the purpose of administration?
  • 4.3 Commencing an administration
  • 4.4 What is the effect of the administration moratorium?
  • 4.5 What are the other consequences of administration?
  • 4.6 How are the creditors informed and involved?
  • 4.7 Duties of the administrator
  • 4.8 Powers of the administrator
  • 4.9 Supervision of the administrator
  • 4.10 Ending the administration
  • 4.11 Pre-packaged administrations
  • Chapter 5 Antecedent transactions
  • 5.1 Introduction
  • 5.2 Transactions at an undervalue
  • 5.3 Preferences
  • 5.4 Transactions defrauding creditors
  • 5.5 Extortionate credit transactions
  • 5.6 Floating charges for no new value
  • 5.7 Distributions post-presentation of winding-up petition
  • 5.8 Who is a 'connected' person?
  • Chapter 6 Position of directors
  • 6.1 Introduction
  • 6.2 Who is a 'director'?
  • 6.3 Directors' duties
  • 6.4 Risks to directors
  • 6.5 Practical consequences for directors
  • 6.6 Additional issues for public companies
  • 6.7 The directors' role in a formal insolvency process
  • Chapter 7 CVAs and Schemes of Arrangement
  • 7.1 Introduction
  • 7.2 Company voluntary arrangements
  • 7.3 Schemes of Arrangement
  • Chapter 8 Secured creditors
  • 8.1 Introduction
  • 8.2 How might a secured creditor enforce its security?
  • 8.3 Appointing a receiver or administrator
  • 8.4 What is the status of a receiver?
  • 8.5 What are the other consequences of receivership?
  • 8.6 How are the creditors informed and involved?
  • 8.7 Duties of the receiver
  • 8.8 Powers of a receiver