This edition of Hockly's insolvency law follows the expanded format of the previous two editions, and its basic purpose remains the same - to provide a concise, yet fairly detailed, account of the law of insolvency, winding-up, and judicial management.
This edition of Hockly's insolvency law follows the expanded format of the previous two editions, and its basic purpose remains the same - to provide a concise, yet fairly detailed, account of the law of insolvency, winding-up, and judicial management. The title aims at a wide readership. For the subject specialist, it provides an update of recent developments in the law relating to insolvency and winding-up; for students, it is a text for both undergraduate and postgraduate study; and for insolvency practitioners, it may be used as a guide and a quick source of reference. Insolvency is an area in which there are continual developments in the case law and applicable legislation. We have endeavoured to include all the changes that have taken place in the four years since the last edition of Hockly's insolvency law. The title reflects the law of insolvency as at the end of August 2006. As before, the appendices contain specimen applications, specimen estate accounts and the Insolvency Act. Cross-references in the text are to paragraphs, not pages, whereas references in the tables of statutes and cases and in the index are to pages.
Table of contents
Obtaining a sequestration order: Voluntary surrender; compulsory sequestration. Effects of sequestration: The legal position of the insolvent; vesting of the assets of the insolvent; vesting of the assets of the solvent spouse; uncompleted contracts and legal proceedings not yet finalized. Collection of the estate assets: Preservation of the estate pending the trustee's appointment; meetings of creditors and proof of claims; the election of the trustee; the duties and powers of the trustee; impeachable dispositions; interrogation of the insolvent and other witnesses; the duties of the insolvent. Realization and distribution of the assets: Realization of the estate assets; creditor's claims and their ranking; the estate accounts and the distribution of the estate. Composition and rehabilitation: Composition; rehabilitation. Miscellaneous; partnership and sequestration; insolvent deceased estates; offences. Winding-up of companies and close corporations: Winding-up of companies; judicial management and compromise; winding-up of close corporations. Cross-border insolvency: Cross-border insolvency.
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