Bankruptcy and Insolvency - Thomson Reuters

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Title: Insolvency Law: Commentary & Materials
ISBN: 9780455230108
Format: Book
Edition: 1
Thomson Reuters, Australia Authors: Harris, Gronow & Anderson
Pub. Date: 12/1/2014
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RRP: $152.00
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Insolvency Law: Commentary and Materials fills an important gap in student learning: exposure to the critical cases and materials that shape personal and corporate insolvency law. This book has been released at a time when significant questions are being asked in the insolvency world. What should be the ongoing role of the corporate regulator, ASIC? Should personal and corporate insolvency be managed through an amalgamation of ASIC with its bankruptcy equivalent, AFSA? What is the role of the liquidator as the gatekeeper of corporate conduct? Should Australia adopt Chapter 11 bankruptcy from the United States? Insolvency Law: Commentary and Materials provides a foundational understanding of these issues. Jason Harris is a senior lecturer in the UTS Faculty of Law and teaches and writes extensively in the area of insolvency, in particular in corporate restructuring. Michael Gronow of the Victorian Bar has both litigation and publication experience in insolvency law, and has for some years taught Insolvency Law to LLB and now JD students at the Melbourne Law School. Associate Professor Helen Anderson of the Melbourne Law School has taught Corporations Law for many years, and has researched and published widely in the area of creditor protection, including most recently, the position of employee creditors.
Title: Tax & Insolvency
ISBN: 9780864606761
Format: Book
Edition: 3
Thomson Reuters, Australia Authors: Sommer
Pub. Date: 5/1/2011
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RRP: $141.90
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2011 edition out now.   Tax & Insolvency helps tax and legal professionals become informed of the issues in the areas of tax and insolvency, so that they can advise company officers when the company is either restructuring, insolvent or under some form of administration. It provides practical solutions for many of these situations. The concise format and clear writing style ensures that it is a useful and helpful guide in these complex areas. Tax & Insolvency is a vital work for professionals to ensure that they are fully informed and able to offer practical solutions to their clients, in a range of tax and legal issues that arise upon a company becoming insolvent.   Authors Andrew Sommer is a partner of the national law firm, Clayton Utz, Lawyers, Sydney. He has expert knowledge in the area of indirect taxation and specialises in the legal issues surrounding the operation of GST. Robyn Schofield is a partner of the national law firm, Clayton Utz, Lawyers, Sydney. She specialises in a range of tax-related matters for corporations. Stephen Gates was partner of the national law firm, Clayton Utz, Lawyers, Sydney and was the original author of this work. His valuable contribution to the 1st and 2nd editions of Tax & Insolvency are gratefully acknowledged.  
Title: Insolvency Law: Commentary & Materials
ISBN: 9780455230108
Format: ACADEMIC TEXT PACKS
Edition: 1
Thomson Reuters, Australia Authors: Harris, Gronow & Anderson
Pub. Date: 12/1/2014
Availability: Available
RRP: $152.00
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Insolvency Law: Commentary and Materials fills an important gap in student learning: exposure to the critical cases and materials that shape personal and corporate insolvency law. This book has been released at a time when significant questions are being asked in the insolvency world. What should be the ongoing role of the corporate regulator, ASIC? Should personal and corporate insolvency be managed through an amalgamation of ASIC with its bankruptcy equivalent, AFSA? What is the role of the liquidator as the gatekeeper of corporate conduct? Should Australia adopt Chapter 11 bankruptcy from the United States? Insolvency Law: Commentary and Materials provides a foundational understanding of these issues. Jason Harris is a senior lecturer in the UTS Faculty of Law and teaches and writes extensively in the area of insolvency, in particular in corporate restructuring. Michael Gronow of the Victorian Bar has both litigation and publication experience in insolvency law, and has for some years taught Insolvency Law to LLB and now JD students at the Melbourne Law School. Associate Professor Helen Anderson of the Melbourne Law School has taught Corporations Law for many years, and has researched and published widely in the area of creditor protection, including most recently, the position of employee creditors.
Title: Tax & Insolvency
ISBN: 9780864606761
Format: ACADEMIC TEXT PACKS
Edition: 3
Thomson Reuters, Australia Authors: Sommer
Pub. Date: 5/1/2011
Availability: Available
RRP: $141.90
Discount up to: up to 15%
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2011 edition out now.   Tax & Insolvency helps tax and legal professionals become informed of the issues in the areas of tax and insolvency, so that they can advise company officers when the company is either restructuring, insolvent or under some form of administration. It provides practical solutions for many of these situations. The concise format and clear writing style ensures that it is a useful and helpful guide in these complex areas. Tax & Insolvency is a vital work for professionals to ensure that they are fully informed and able to offer practical solutions to their clients, in a range of tax and legal issues that arise upon a company becoming insolvent.   Authors Andrew Sommer is a partner of the national law firm, Clayton Utz, Lawyers, Sydney. He has expert knowledge in the area of indirect taxation and specialises in the legal issues surrounding the operation of GST. Robyn Schofield is a partner of the national law firm, Clayton Utz, Lawyers, Sydney. She specialises in a range of tax-related matters for corporations. Stephen Gates was partner of the national law firm, Clayton Utz, Lawyers, Sydney and was the original author of this work. His valuable contribution to the 1st and 2nd editions of Tax & Insolvency are gratefully acknowledged.  

Bankruptcy and Financial Restructuring Law 2014 discusses the key upcoming trends in bankruptcy law for 2014, highlighting the major milestones over the past year and providing overall thought leadership for the year ahead. Partners from some of the nation's leading law firms discuss recent changes in laws, decisions, and policies that have affected the practice of bankruptcy and financial restructuring law, as well as recent case decisions that will impact the future scope of this ever changing area of law. These authors identify the major hurdles their clients will face in 2014 and the most significant changes they are looking to employ in their strategy over the upcoming year.
Title: Cross-Border Insolvency Practice
ISBN: 9780414035430
Format: Hardback

Sweet & Maxwell
Pub. Date: 6/24/2016
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RRP: $606.00
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This book approaches cross-border insolvency from the perspective of conflict of laws with a view to strengthening the understanding and practice of cross-border insolvency. The book analyses the whole corpus of cross-border insolvency regimes from three conflicts perspectives, namely: i. jurisdiction to commence insolvency proceedings; ii. recognition and enforcement of foreign insolvency proceedings; iii. choice of law. This approach to cross-border insolvency allows the principles of cross border insolvency to be compared and contrasted across the whole corpus. It thereby teases out the inconsistencies between the different regimes dealing with essentially the same cross-border issues. Approaching cross-border insolvency in this manner, so far not attempted by any other textbook, should help everyone interested in this area of the law appreciate that cross-border insolvency problems often find their solutions in the proper understanding of insolvency policy and principles. Cross-Border Insolvency features: EU Insolvency Regulation Brussels I Regulation UNCITRAL Model Law on Cross- Border Insolvency Credit Institutions (Reorganisation and Winding Up) Regulations 2004 Insurers (Reorganisation and Winding Up) Regulations 2004 Insolvency Act 1986 Foreign Judgments (Reciprocal Enforcement) Act 1933 Administration of Justice Act 1920 Common law Comparative analysis
Title: Directors Disqualification&Bankruptcy Re
ISBN: 9781847033338
Format: Hardback

Sweet & Maxwell Authors: Malcolm Davis-White QC, Adrian Walters
Pub. Date: 12/31/2009
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RRP: $792.00
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Directors' Disqualification and Insolvency Restrictions provides an extensive study of the law and practice relating to directors' disqualification under the Company Directors' Disqualification Act 1986. It addresses the nature, purpose and legal effects of the disqualification and bankruptcy restrictions regimes in the UK, and explains what the courts are looking for when deciding whether to disqualify or impose bankruptcy restrictions.   The third edition provides full coverage of changes arising from the Companies Act 2006, contains a new chapter on the international dimension, explains updates to the Disqualification Practice Direction and the Insolvency Practice Direction, and discusses the implications of a wealth of new case law.   .         Incorporates extensive changes in the law .         Covers disqualification resulting from unfit conduct, competition orders, civil proceedings and alternative disqualification proceedings .         Guides readers through the bankruptcy restrictions regime .         Includes full coverage of recent case law on de facto directors.   Contents Company Directors' Disqualifications Act 1986. The nature and purpose of directors' disqualification. Disqualification for unfit conduct: preliminary matters. Establishing unfit conduct (1): general principles. Establishing unfit conduct (2): Specific instances of unfit conduct and period of disqualification. Competition disqualification orders. Procedure and evidence in civil disqualification proceedings. Permission to commence Section 6 proceedings out of time and the impact of delay in civil disqualification. Civil disqualification cases: termination without a full trial. Alternative grounds for disqualification: Sections 2-5 and 10 of the CDDA. Bankruptcy, bankruptcy restrictions and county court administration orders. Disqualification orders and undertakings. Procedure in civil disqualification proceedings after judgment or entry into disqualification undertakings: reviews, variations and appeals. The legal effect of disqualification. Permission to act notwithstanding disqualification. The international dimension - foreign disqualification provision. Appendices.   Jurisdiction: UK, England & Wales
Title: Law of Insolvency (Fletcher) 5e
ISBN: 9780414028425
Format: Hardback

Sweet & Maxwell Authors: Professor Ian F Fletcher
Pub. Date: 4/30/2017
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RRP: $747.00
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This book provides an in-depth examination of both corporate and personal insolvency, covering both UK law and international insolvency. It provides solutions to the most complex legal problems in this area.   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.     Jurisdiction: International
Title: Construction Insolvency 6e
ISBN: 9780414062917
Format: Paperback

Sweet & Maxwell Authors: Richard Davis
Pub. Date: 4/30/2017
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  Construction Insolvency provides a practical overview to this area of work. The wealth of case law, case studies and materials lets you delve as deep into the subject as suits your purpose.   Explains the key concepts of insolvency and construction law Sets the principles within the complicated contractual relationships of the construction industry Includes detailed analysis of technical areas such as assignment, novation, trust, set-off, bonds and guarantee Explores the interface with other areas of law, such as equity, property, disputes, and directors' liability Discusses how insolvency commonly arises in the construction industry Considers formal and informal insolvency - and deals with insolvency claims Looks at adjudication, and the relationship between adjudication and insolvency enforcement procedures Discusses the growing use of security devices as protection against insolvency Covers directors and employees involved in construction insolvencies Uses in-depth case studies to illustrate the  everyday practice of insolvency Draws on cases from the UK, Ireland, south-east Asia, and Australasia to highlight the problems that arise in practice Gives practical guidance for solving specific problems

The classic text on corporate insolvency law, providing a clear and comprehensive treatment of the fundamental principles underpinning insolvency law, and long relied upon by practitioners and the courts. In this work particular attention is paid to what assets are available for distribution on insolvency, transactions vulnerable to being set aside, and the liability of directors. The core features of liquidation, administration (and administrative receivership), schemes of arrangement and company voluntary arrangements, are identified and explained with reference to practice and underlying policy. This new edition has been thoroughly updated throughout. Key features Explores the framework and fundamental principles of corporate insolvency law, a knowledge of which is essential to an understanding of this complex field Combines conceptual clarity with a rigorous analysis of the many difficult problems confronting the practitioner Provides a comprehensive and up-to-date coverage of key features of increasingly complex insolvency legislation and a mass of case law Contains a detailed treatment of the recast EU Insolvency Regulation and of the Cross-Border Insolvency Regulations which incorporate the UNCITRAL Model Law New to this edition Analysis of recent developments in the case law, including the Supreme Court decisions in the Lehman ‘Waterfall I’ proceedings, Akers v Samba Financial Group, Bilta (UK) Ltd v Nazir, Re Nortel GmbH, Rubin v Eurofinance SA, BNY Corporate Trustee Services Ltd v Eurosail, and Belmont Park Investments Expanded treatment of the anti-deprivation and pari passu rules, in light of recent case law Considers changes in the recast European Insolvency Regulation and related recent CJEU case law Coverage of the new Insolvency Rules 2016
Title: Keay's Insolvency 10e
ISBN: 9780455239811
Format: Paperback

Lawbook Co. Authors: Michael Murray, Jason Harris
Pub. Date: 2/15/2018
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Keay’s Insolvency has become a recognised text on personal and corporate insolvency law and practice in Australia, and it is widely used by practitioners and regularly cited in court.  It offers both a detailed explanation of the law, supported by case law and commentary, and of insolvency practice, along with the authors’ critical analysis of the effectiveness and efficiency of the regime and views on its need for reform. There has been considerable developments since the 9th edition with Insolvency Law Reform Act 2016 (Cth), (ILRA) which fully commenced on 1 September 2017 along with recent amendments made to the Corporations Act brought in by  the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth), which introduces a new safe harbour for directors against insolvent trading for good faith restructuring efforts. This is aimed at assisting companies to restructure and avoid formal insolvency proceedings. The amendments also include protection against ipso facto clauses for creditors’ schemes, receivership and voluntary administration, which is aimed at facilitating restructuring using formal mechanisms.  The 10th edition will continue to report and explain the latest in case law development, throughout issues including bankruptcy and winding up processes, voidable transactions, schemes and administrations, and other core insolvency law.  There have been a number of significant cases at the appellate level since the 9th edition.  
Title: Insolvency Litigation 2e
ISBN: 9780414066366
Format: Paperback

Sweet & Maxwell
Pub. Date: 7/31/2018
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Insolvency Litigation: A Practical Guide 2nd Edition provides a comprehensive commentary on the process, procedure and issues faced by practitioners conducting insolvency related litigation. Fully updated to reflect the widespread changes of the Insolvency Rules 2016, and the new Practice Direction on Insolvency Proceedings, this title offers specific practical guidance to the most important court applications on this specialist area of insolvency practice. Main features include: Focused coverage of the mechanics of litigation in insolvency proceedings Completely updated in line with the new Insolvency Rules 2016 Provides detailed guidance on court practice and procedure and the principles of law relevant to insolvency litigation Offers detailed guidance to different aspects of litigation, including litigation against an insolvent defendant, limitation, costs and funding issues, litigation by office holders and their approach to litigation and the types of application that arise in insolvency cases Summarises the issues relevant to cross-border insolvency Deals with challenging the acts and decisions of the officeholder and their removal Considers applications to set aside transactions under the Insolvency Act 1986 in the context of both corporate insolvency and bankruptcy, enforcing the duty to cooperate with the officeholder, wrongful and fraudulent trading and misfeasance  Covers personal insolvency litigation issues and applications such as the matrimonial home and conflicts with family law, annulment, income payment orders and applications to suspend a bankrupt’s date of discharge Looks at the process and nature of different types of applications in corporate insolvency such as applications for permission to be a director of a company with a prohibited name, validation orders and  applications to end the administration
Title: Principles of International Insolvency 3
ISBN: 9780414044708
Format: Hardback

Sweet & Maxwell Authors: Philip Wood
Pub. Date: 8/2/2019
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The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic.   This book covers the essential principles of international insolvency from a practical perspective, providing the reader with an in-depth explanation of the core concepts underlying insolvency law and practice. It sits beside volume 2 of the series, which provides a comparative overview of over 300 jurisdictions.   Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.   Key features: Covers the essentials of international insolvency from a practical perspective Advance study of substantive bankruptcy law in the major jurisdiction in the world, in the context of international financial transactions Topics covered include: Private restructuring agreements and workouts Liquidations Liabilities of Corporate Directors and Lenders Voidable Preferences Priorities Trusts and Custodianship Impact of Insolvency on Contracts and Leases Bank and State insolvencies  
Title: International Insolvency 1e
ISBN: 9780414071476
Format: Paperback

Sweet & Maxwell Authors: Philip Wood
Pub. Date: 8/2/2019
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RRP: $639.00
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The Law and Practice of International Finance series is your definitive guide to international finance. It considers the full range of topics across nine volumes, setting out the law and practice of trading assets on the international markets. This essential work, by one of the leading finance specialists of a generation, provides a simple, unified and distilled account of the whole topic.   This book provides a comparative overview of over 300 jurisdictions. It sits beside volume 1 of the series, which covers the essential principles of international insolvency from a practical perspective. Together the two books provide the reader with a complete in-depth explanation of the core concepts underlying insolvency law and practice.   Philip Wood is one of the leading authorities on international finance worldwide, as well as a practitioner and teacher. He was a partner in international law firm Allen & Overy until his retirement in 2018, and for ten years was head of the banking department. Subsequently he led the firm’s Global Law Intelligence Unit. Philip is the Yorke Distinguished Visiting Fellow at the University of Cambridge, and has previously been Visiting Professor in International Financial Law at the University of Oxford, Queen Mary University of London, and the London School of Economics. He has lectured at more than 60 universities worldwide and has written more than 20 books.     Key features: Advanced study of substantive bankruptcy law in the major jurisdictions in the world, in the context of international financial transactions Compares the insolvency regime in over 300 jurisdictions.Provides useful summaries diluting and condensing the law so that the main points can be grasped quickly Details the domestic law concerning: Administration Receivership Deeds of company arrangements Liquidation Schemes of arrangement Insolvency set-off Security Interests Trusts Voidable preferences Ladder of priorities and claims Cross-border recognition