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Administrative Receivership and the Floating Charge

RIZWAAN JAMEEL MOKAL

in Corporate Insolvency Law: Theory and Application

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199264872
eISBN:
9780191718397
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264872.003.0006
Subject:
Law, Company and Commercial Law

This chapter considers the twin institutions of the floating charge and administrative receivership. It explains the distinctive role played by the floating charge by examining the empirical context ... More


Secured Debt

Eilís Ferran and Look Chan Ho

in Principles of Corporate Finance Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199671342
eISBN:
9780191788895
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671342.003.0012
Subject:
Law, Company and Commercial Law, Public International Law

This chapter discusses the forms of real security that companies can give to lenders. Topics covered include the advantages of being a secured creditor; economic perspectives on secured debt; freedom ... More


Company Charges

Lord Neuberger

in Sham Transactions

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685349
eISBN:
9780191770531
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685349.003.0009
Subject:
Law, Company and Commercial Law, Philosophy of Law

This chapter examines the relevance of the sham doctrine in cases dealing with company charges. It argues that if sham plays any role in determining whether a company charge is fixed or floating, it ... More


Corporate Insolvency Law: Theory and Application

Rizwaan Jameel Mokal

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199264872
eISBN:
9780191718397
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199264872.001.0001
Subject:
Law, Company and Commercial Law

This book analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticized on that basis. The book explains why ... More


Avoidance of Floating Charges (Insolvency Act 1986, Section 245: Corporate Insolvency Only)

Rebecca Parry

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0021
Subject:
Law, Company and Commercial Law

A floating charge, of course, increases the likelihood upon the winding up of the debtor that a creditor will receive payment for sums that the creditor has advanced. Conversely, the existence of a ... More


Ranking of Claims, Pari Passu Distribution, and Contracting Out

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0021
Subject:
Law, Company and Commercial Law

The order in which claims on the insolvent estate are discharged was summarized by Lord Neuberger PSC in Re Nortel GmbH where he said:


Creditors

Paul Davies

in Introduction to Company Law

Published in print:
2020
Published Online:
April 2020
ISBN:
9780198854913
eISBN:
9780191888977
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198854913.003.0007
Subject:
Law, Company and Commercial Law

Because of limited liability, creditor protection has always been a feature of company law. Large creditors can contract ex ante for customised protection and the law facilitates this in various ... More


Post-Petition Dispositions (Insolvency Act 1986, Sections 127 and 284)

Rebecca Parry and Sharif Shivji

in Title Pages

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0005
Subject:
Law, Company and Commercial Law

The timing of a transaction is fundamental to many of the avoidance provisions: none more so than sections 127 and 284, which operate in the period following, respectively, the presentation of a ... More


Transaction Avoidance

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0015
Subject:
Law, Company and Commercial Law

Laws dealing with the problem of debt avoidance were a feature of English law long before the enactment of laws providing for insolvency proceedings. Thus an enactment in 1376, during the reign of ... More


The Rise of Secured Credit

Sarah Paterson

in Corporate Reorganization Law and Forces of Change

Published in print:
2020
Published Online:
December 2020
ISBN:
9780198860365
eISBN:
9780191892547
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198860365.003.0005
Subject:
Law, Company and Commercial Law

This chapter explores the way in which the shifts in the fields of finance and non-financial corporates discussed in Chapters 3 and 4 have led to changes in US secured transactions law. It examines ... More


The Rationale of the Transaction Avoidance Provisions of the Insolvency Act 1986

Rebecca Parry

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0003
Subject:
Law, Company and Commercial Law

It is important to examine the rationale of the transaction avoidance provisions of the Insolvency Act 1986, as this will assist in interpreting such laws and will also enable an assessment of ... More


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