This volume constructs a detailed theory for the analysis and justification of corporate insolvency law using philosophical and economic tools. This theory is then deployed in an examination of the relevant statutes and leading authorities. The theory is also used to addresses important doctrinal questions which have not yet received judicial attention.
Preface 1. Introduction -- Consistency of Principle in Corporate Insolvency 2. The Creditors' Bargain and the Collectivity of the Liquidation Regime 3. The Authentic Consent Model -- Justifying the Collective Liquidation Regime 4. The Pari Passu Principle and its Relationship with Other Methods Of Insolvency Distribution 5. The Priority of Secured Credit 6. The Impact of Liquidation on Pre-Insolvency Transactions 7. 'Rescue' Regimes 8. The Position of Directors 9. Conclusion Selected Bibliography
Rizwaan Jameel Mokalis Reader in Laws at University College London and a Research Associate at the Centre for Business Research, University of Cambridge.