Avoidance Provisions in Insolvency Law

The book "Avoidance Provisions in Insolvency Law" by Andrew R. Keay is a comprehensive treatise on the legal mechanisms designed to prevent unfair advantage in insolvency proceedings. Here is a detailed overview of the book:

Key Themes

1. Insolvency Law Framework: The book provides an in-depth analysis of the framework of insolvency law, focusing on the principles and rules that govern avoidance provisions.
2. Avoidance Provisions: It delves into the specific provisions aimed at preventing insolvent companies or individuals from unfairly prejudicing creditors. These provisions include those related to preferences, transactions at an undervalue, and unfair preferences.
3. Legal Analysis: The book offers a detailed legal analysis of these provisions, examining their historical development, current state, and practical implications.
4. Case Law and Jurisprudence: It incorporates extensive case law and jurisprudence to illustrate the application of avoidance provisions in various scenarios, providing a rich understanding of how these laws are interpreted and applied in practice.
5. Comparative Analysis: The author may also engage in comparative analysis with other jurisdictions to highlight similarities and differences in the approach to avoidance provisions.

Plot Summary

The book is structured to provide a systematic and comprehensive exploration of avoidance provisions. It begins with an introduction to the broader context of insolvency law and the rationale behind avoidance provisions. The main body of the book is divided into chapters that focus on specific types of avoidance provisions, such as preferences, transactions at an undervalue, and other related mechanisms.

Each chapter typically includes:

• Theoretical Background: An explanation of the theoretical underpinnings of the relevant provision.
• Statutory Analysis: A detailed examination of the relevant statutes and regulations.
• Case Law: A review of significant court decisions that have shaped the interpretation and application of these provisions.
• Practical Implications: Discussion of the practical implications for insolvency practitioners, creditors, and debtors.

Critical Reception

While specific reviews of the book are not readily available in the provided sources, the book's reputation can be inferred from its inclusion in academic and professional libraries. The book is part of the Elgar Corporate and Insolvency Law and Practice series, which is recognized for its authoritative and detailed coverage of corporate and personal insolvency law. The series is edited by leading practitioners and scholars in the field, indicating that "Avoidance Provisions in Insolvency Law" is likely to be highly regarded for its scholarly rigor and practical relevance.

Publication Details

• Author: Andrew R. Keay
• Publisher: LBC Information Services
• Publication Date: 1997 (paperback edition)
• ISBN: 0455214999
• Pages: 390 pages

The book's publication in 1997 reflects its foundational role in the field of insolvency law, providing a comprehensive guide that has likely influenced subsequent scholarship and practice in the area of avoidance provisions.