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Transaction Avoidance in Insolvencies$
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Rebecca Parry, James Ayliffe, Sharif Shivji, Hamish Anderson, and William Trower

Print publication date: 2018

Print ISBN-13: 9780198793403

Published to Oxford Scholarship Online: March 2021

DOI: 10.1093/oso/9780198793403.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 16 May 2022

Evidence Gathering

Evidence Gathering

Chapter:
(p.569) 23 Evidence Gathering
Source:
Transaction Avoidance in Insolvencies
Author(s):

James Ayliffe

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198793403.003.0029

The Insolvency Act 1986 recognizes that an office holder, as a stranger to the affairs of the debtor, may encounter problems in trying to unravel the debtor’s past dealings, something which can be exploited by those who have entered into voidable transactions. In personal insolvency the debtor, his spouse, and his associates may well wish to conceal information about the debtor’s dealings in order to protect the transactions that the office holder is seeking to attack. Similarly, in corporate insolvency, the officers of the company and others who are involved in the company’s affairs may wish to suppress information. This situation is not helped by the fact that some of the avoidance provisions, in particular those dealing with preferences and transactions defrauding creditors, contain elements which may be difficult for the office holder to prove.

Keywords:   additional enforcement powers, bankruptcy, court’s discretion, examination, extra-territorial effect, legal professional privilege, private examination, privilege against self-incrimination, procedure, public examination, reasonable need, reciprocal arrangements

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