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International Asset Tracing in Insolvency is the only book to provide comprehensive coverage of the legal issues involved in asset tracing in insolvencies. Covering six key jurisdictions, this new edition provides the tools for tracing and recovering assets.
Sommario
- 1: Alex Nelder, James McSweeney, Jerome Squires, Rayhan Langdana: England and Wales
- I: Insolvency Law in England and Wales
- II: Asset Tracing in England and Wales
- III: Criminal Powers
- IV: International Enforcement and Assistance
- 2: Evan J. Zucker: USA
- I: Introduction
- II: Overview of US Insolvency Law
- III: US Laws Relevant to Asset Tracing and Recovery
- IV: Recovery of Cryptocurrency in Bankruptcy Proceedings
- V: Conclusion
- 3: Bruce MacNeil, Oliver Passmore, Charlie Dessain: Jersey
- I: Introduction
- II: Overview of Jersey Insolvency Regimes
- III: Powers and Duties of Insolvency Officeholders
- IV: Basic Tools for Domestic and International Asset Tracing in Insolvency
- V: Court Orders Generally Available for Asset Tracing
- VI: Jersey Law of Asset Tracing (Including Trusts and Restitutionary Remedies)
- VII: Conclusion
- 4: Mathew Newman, Alex Horsbrugh-Porter: Guernsey
- I: Introduction
- II: Guernsey Insolvency Law
- III: Guernsey Law of Asset Tracing
- IV: Conclusion
- 5: Brian Lacy, Romauld Johnson: The British Virgin Islands
- I: Chapter Overview
- II: Sources of BVI Law, the Legislative Framework, and the Definition of Assets
- III: BVI Insolvency Act Processes
- IV: Orders in Aid of Foreign Proceedings under the Insolvency Act 2003
- V: Processes and Procedures under the BVI Business Companies Act 2004
- VI: Disclosure of Documents, Evidence by Deposition, and Letters of Request
- VII: Interim Remedies and Piercing the Corporate Veil
- VIII: Asset Tracing and the Proceeds of Crime
- IX: The BVI Law on Asset Tracing Outside Specific Insolvency Provisions
- X: Enforcement of Foreign Judgments and Arbitration Awards
- XI: Conclusion
- 6: Rachael Reynolds, Gemma Bellfield, Nour Khaleq, Max Galt: Cayman Islands
- I: Introduction
- II: Cayman Island Legal System; Sources and Precedent
- III: Cayman Islands Procedure
- IV: Cayman Islands Company Law
- V: Cayman Islands Corporate Insolvency Regime
- VI: Statement of Affairs: Duties of Cooperation: Examination
- VII: Actions in Insolvency Proceedings
- VIII: Foreign companies
- IX: Financial Restructuring/Schemes of Arrangement
- X: Recognition and Enforcement of Foreign Judgments in the Cayman Courts
- XI: Personal Bankruptcy: Recognition of Foreign Trustee in Bankruptcy
- XII: Cross-border Insolvencies
- XIII: Asset Tracing: Locating Assets: Identifying Ownership
- XIV: Practicalities of Asset Tracing in the Cayman Islands
- XV: Recalculation of Published Net Asset Values and Clawback
- XVI: Interlocutory Injunctions: Asset-Freezing: Disclosure Orders
- XVII: Conclusion
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Felicity Toube KC is a commercial barrister specializing in insolvency, particularly in cross-border issues, in relation to which she also frequently acts as a court-appointed expert. She has taken roles in all the recent major corporate frauds and insolvencies including NMC, Saad, Madoff, Lehman, and Stanford. Felicity is a Vice Chair of the International Insolvency Institute, and Visiting Professor of Practice at the University of Oxford, where she teaches on the Corporate Insolvency and Commercial Mediation courses on the BCL. Felicity is also an ADR Group Accredited Civil & Commercial Mediator, an accredited Arbitrator by CiArb, and is Co-Chair of the INSOL ADR Colloquium.
