TITLE

Taming the unruly horse: contractual invalidity and the anti-deprivation rule

AUTHOR(S)
Sidle, Paul
PUB. DATE
January 2010
SOURCE
Law & Financial Markets Review;Jan2010, Vol. 4 Issue 1, p41
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The common lawanti-deprivation rule is one whose precise scope has proved difficult for insolvency lawyers and judges to pin down. In a recent decision, the Court of Appeal has attempted to clarify the nature of the rule and offers helpful guidance as to its ongoing relevance. However, is it sufficiently clear from the decision when the rule will apply in future? Does the rule still have a role to play alongside modern insolvency legislation? This article examines the decision and its possible implications and highlights the Court of Appeal's concern to promote clarity, certainty and the fundamental principle of freedom of contract.
ACCESSION #
47789945

 

Related Articles

  • Parsing the Overhaul of the Bankruptcy Appeals Rules. Werkheiser, Gregory W. // Bankruptcy & Insolvency Litigation;Winter2015, Vol. 20 Issue 2, p6 

    The article focuses on the first comprehensive overhaul of Part VIII of the Federal Rules of Bankruptcy Procedure (FRBP), which took effect on December 1, 2014. Topics discussed include the highlights of specific FRBP Part VIII revisions, the revised federal rule of Appellate Procedure 6, and...

  • Lords' judgment imminent.  // Accountancy;Jan1995, Vol. 115 Issue 1217, p20 

    This article reports that the bankruptcy profession is awaiting the Great Britain House of Lords' decision on Paramount Leyland Daf and Ferranti. Lords are mulling whether or not to uphold an appellate court decision which made receivers liable for the contracts of employees retained for longer...

  • Per Se Rule Against Surcharging Oversecured Creditor is Rejected. Kupetz, David S. // Commercial Law Bulletin;Mar/Apr2000, Vol. 15 Issue 2, p38 

    Examines Bankruptcy Code section 506(c). What Section 506(c) allows a debtor; The general rule in postbankruptcy administrative expenses and the costs of a Chapter 11 reorganization.

  • COMMERCIAL--BANKRUPTCY--APPLICABLE LAW--PUBLIC POLICY.  // Arbitration Journal;Jun84, Vol. 39 Issue 2, p77 

    This article focuses on a court decision in the case Zimmerman v. Continental Airlines Inc., the policies behind the Bankruptcy Act calling for expeditious resolution of a bankrupt's obligations in one proceeding override the policies favoring arbitration of disputes. The Ludwig Honold...

  • Assessing the Applicability of Strategic Theory to Explain Decision Making on the Courts of Appeals. Bowie, Jennifer Barnes; Songer, Donald R. // Political Research Quarterly;Jun2009, Vol. 62 Issue 2, p393 

    The focus of this analysis is whether a strategic perspective provides a useful approach that enhances an understanding of broad patterns of judicial decision making on the U.S. Courts of Appeals. The authors examine whether it is reasonable in the majority of cases for appeals court judges to...

  • Newham certainly caused a shockwave. Stobart, Julie; Williams, Peter J. G. // EG: Estates Gazette;2/7/2009, Issue 905, p103 

    The article discusses a court case dealing contracting out of the Landlord and Tenant Act 1954 in Great Britain. The Court of Appeals has ruled in Newham London Borough Council v. Thomas-Van Standen that an order by a county court was ineffective because the wording of the lease meant that it...

  • Appeals Court Upholds Ruling That Vallejo, Calif., Can File for Chapter 9.  // Bond Buyer;6/30/2009, Vol. 368 Issue 33140, p21 

    The article reports on the decision of an appellate court which uphold a lower court ruling that Vallejo was eligible for Chapter 9 in California. According to the appellate court, the lower court was right to accept the city accountant's conclusion that Vallejo could not tap other funds to...

  • Security Interest Survives Dissolution and Bankruptcy.  // Defense Counsel Journal;Oct2001, Vol. 68 Issue 4, p481 

    Focuses on the United States First Circuit's decision on the legal profession-related case of Cadle versus Schlichtmann. Details on the case; Conclusion of the court on the case; Remarks from Judge Schwarzer of the First Circuit.

  • Event Roundup.  // ABI Journal;Apr2015, Vol. 34 Issue 4, p77 

    The article offers information on several events related to bankruptcy in the U.S. VALCON program featured topics that connected dealmakers, fund investors, and financial and legal professionals. The 39th Annual Judge Alexander L. Paskay Memorial Seminar addressed trial/witness preparation and...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics