The Law of Company Insolvency, 3rd edition, by Michael Forde, Hugh Kennedy and Daniel Simms

Author: Michael Forde
Author: Hugh Kennedy
Author: Daniel Simms
Publisher: Round Hall
Publication Date: 16/12/2015
ISBN: 9780414036987
Jurisdiction: Ireland

This is an up to date and comprehensive account of all aspects of present Company Insolvency Law, taking full account of the changes made by the Companies Act, 2014. It provides invaluable guidance to all parties concerned with businesses in financial difficulties, be they modestly-sized enterprises, mega-corporations or indeed banks and insurers. It is a thorough statement of the law regarding company insolvency and related aspects of receiverships, examinerships and the winding up/liquidation of companies.

Key Features

  • Comprehensive and up-to-date account of the entire corporate insolvency regime including the complex priorities and preferences among competing creditors
  • Focuses on examinerships, receivers, liquidations and the position of secured creditors
  • An easy-to-understand reference that provides you with invaluable analysis and interpretation

New to this edition

In addition to incorporating the new legislative regime under the 2014 Companies Act and the case law reported since 2008, it also now includes:

  • A lengthy chapter on the principal aspects of corporate secured credit (Debentures and Securities), including an over-view of asset-based security and trusts as a quasi-security device
  • A substantially re-cast chapter on aspects of security and insolvency in the financial services sector
  • Additional coverage of international insolvency issues not caught by Council Regulation 1346/2000.
  • Considers reported leading cases in the U.K. on comparable questions, e.g. Belmount/BNY (2011), BNY/Eurosail (2013) and Nortel (2013), the more recent cases involving aspects of the Lehman Bros: e.g. Lehman (No. 6) (2013) and Icelandic Banks' collapse e.g. Landesbanki (2013) and the burgeoning cases on the E.U. Insolvency Regulation

Contents

Creditors Remedies, Debentures and Charges, Compromise and Reorganisations, Examinerships, Receiverships: Appointment and Effects, Receivers Powers and Duties, Commencing Insolvent Liquidations; Effects of Liquidations; Liquidators, their Powers and Duties, Avoiding Transactions, Imposing Liability, Paying Off Debts and Claims, Termination and Aftermath of Winding Up, Priorities and Preferences Among Creditors, Employment and Insolvency, The Financial Sector, European and International Aspects

About the authors

Michael Forde is a senior counsel.
Hugh Kennedy is a barrister.
Daniel Simms is a barrister.