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Preferences (Insolvency Act 1986, Sections 239 and 340) by Rebecca Parry; Sharif Shivji is a book available to read on EtoBox.

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The Cork Committee and the 1985-6 reforms of insolvency law 5.06 B. Overview 5.12 C. Relevant Time 5.15 'Onset of insolvency' 5.16 Company administrations 5.18 'Commercial Morality, the Merchant Character, and the History of the Voidable Preference' (1986) 59 Stanford Law Review 3. It is important to bear in mind these origins when viewing the preference provisions of the Insolvency Act 1986. As argued at paras 5.02-5.11, these provisions still contain the same underlying themes as when preference laws were first developed. Note, however, the restriction in the Proceeds of Crime Act 2002, s 427: see para 10.164. 2 In the case of companies, liquidation or administration; in the case of individuals, bankruptcy. IA 1986, ss 239(1) and 340(1). 3 It is questionable whether this emphasis is justified. The sections are designed to apply to the time period when the debtor is insolvent, in the period leading up to insolvency proceedings. Any payments obtained by creditors at this time are necessarily damaging to the interests of other creditors, so it is strongly arguable that the law should focus on the effect of the transaction. Admittedly criticism may be made of creditors who fail to us

Author

Rebecca Parry; Sharif Shivji

Publisher

Oxford University Press

Published

2018

Language

EN