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Creditor Treatment in Corporate Insolvency Law
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Creditor Treatment in Corporate Insolvency Law

9781788971386 Edward Elgar Publishing
Kayode Akintola, Lecturer in International Commercial Law, School of Law, Lancaster University, UK and Barrister, Gray's Inn, Supreme Court of Nigeria
Publication Date: 2020 ISBN: 978 1 78897 138 6 Extent: 256 pp
The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.

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Contents
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The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.

Key features include:

• an exploration of aspects of corporate insolvency law in need of reform
• an extensive examination of the rights and priorities of secured and unsecured creditors in English corporate insolvency law
• an analysis of the impacts of key legislative developments, such as the Insolvency (England and Wales) Rules 2016, and recent case law, such as the Supreme Court decision in the Lehman Waterfall case
• a unique consideration of bank insolvency regimes in the context of creditor treatment.

Creditor Treatment in Corporate Insolvency Law is a specialist guide for legal practitioners and members of the judiciary looking for a clear account of current law and practice in this field. It is also a valuable doctrinal treatment of the law for scholars of corporate insolvency law, and will be of interest to policymakers involved in debates about reforms to creditor treatment and secured transactions law.
Critical Acclaim
‘The book is geared primarily towards practitioners and the judiciary.. Nevertheless, this monograph is more than appropriate for research purposes in the areas of corporate insolvency and corporate finance.’
– Eugenio Vaccari, Eurofenix

‘The Elgar insolvency series presents legal titles in a format that allows for ease of navigation to a particular point of law, each written by specialists in their respective fields, often with insight either from private practice or from an academic perspective. This work by Dr Akintola not only fulfils that intention, but his insights are compelling, eloquent and address several imperati ve questions. The concise discussion on the case law and statutory provisions make the work accessible, and the arguments easy to follow - an impressive act given the technical nature of the subject. The way in which this book has been written will mean that it maintains its relevance, and importance in future discussions that concern creditor treatment, including the task of the UK reforming its insolvency system for the post-Brexit era. There is no doubt that this work will offer an authoritative statement on the law and practice of credits in regard to corporate insolvency. This book will be of interest to legal practitioners, members of the judiciary and academics who require knowledge of creditor treatment and associated issues.’
– John M Wood, Insolvency Intelligence

‘This book uses a mixture of empirical data, doctrinal argument and policy analysis to re-examine the issues arising from the use of secured financing by a company in the situation where security is most crucial: the insolvency of the debtor. It is an interesting and lively addition to the debate as to how English law should respond to this situation.’
– Louise Gullifer, University of Cambridge, UK

‘Dr Kayode Akintola’s new book Creditor Treatment in Corporate Insolvency Law tackles the most significant issues affecting creditors in corporate insolvency in a robust and sophisticated manner. It is lucid and compelling; written in easy and accessible prose, it presents complex issues and arguments simply and clearly. It is a work of great scholarship and probably the most significant contribution to English corporate insolvency law in the last decade. This welcome addition to the scholarship on corporate insolvency law will appeal to practitioners, academics, students, policymakers and indeed anyone interested in the principles or policies underlying English corporate insolvency law.’
– Fidelis Oditah QC, South Square, UK

'Dr Akintola's thoughtful, comprehensive exposition of how debt finance shapes insolvency law and how the law's various priority ordering techniques affect debt finance cements his place as a member of the UK's exciting new generation of insolvency law scholars. He usefully illuminates many of the issues that are at stake as the UK embarks on the task of reforming its insolvency system for the post-Brexit era.'
– Adrian Walters, Chicago-Kent College of Law, US
Contents
Contents: Foreword Part I - Credit and the Company 1. The Company, its Capital and Insolvency 2. Variants of Credit Part II - Creditor Treatment in Corporate Insolvency Law 3. Principles of Creditor Treatment 4. The Treatment of Unsecured Creditors 5. The Treatment of Secured Creditors Part III - Closing: Creditor Treatment in Special Insolvency Proceedings 6. Bank Insolvency Proceedings Index

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