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Transactions Defrauding Creditors (Insolvency Act 1986, Section 423)

James Ayliffe

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/9780198793403.003.0012
Subject:
Law, Company and Commercial Law

Section 423, which is applicable in both corporate and personal insolvency, acknowledges that transactions that are prejudicial to creditors may be entered into at any time, and not just in the ... More


Transactions at an Undervalue (Insolvency Act 1986, Sections 238 and 339)

Rebecca Parry and Sharif Shivji

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/9780198793403.003.0006
Subject:
Law, Company and Commercial Law

Sections 238 (corporate insolvency) and 339 (bankruptcy) target gifts, transfers for no or insufficient consideration, and transactions with a gift element entered into by the debtor on the eve of ... 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


Cross-Border Transaction Avoidance

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/9780198793403.003.0026
Subject:
Law, Company and Commercial Law

Significant differences in format and underlying policies may be noted in transaction avoidance provisions worldwide; indeed varying avoidance provisions are only one aspect of the lack of ... More


Scotland

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/9780198793403.003.0025
Subject:
Law, Company and Commercial Law

The avoidance system applicable in Scotland differs in a number of respects from that applicable in England and Wales. The most striking difference is that in Scotland transaction avoidance laws ... More


Concurrent Bankruptcy and Divorce or Civil Partnership Dissolution

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/9780198793403.003.0016
Subject:
Law, Company and Commercial Law

Concurrent bankruptcy and divorce proceedings are common both on account of the stress that one of these life changing events may have on a marriage or a business and also on account of deliberate ... More


Limitation Periods

Rebecca Parry and James Ayliffe

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/9780198793403.003.0031
Subject:
Law, Company and Commercial Law

The legislation does not deal expressly with the issue of what limitation periods are applicable to the transaction avoidance provisions. This is an issue which has, however, been addressed in case ... More


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