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Commercial fraud and insolvency
Practical Law UK Practice Note 9-519-1113 (Approx. 20 pages)
Commercial fraud and insolvency
by Richard Perkoff, Littleton Chambers, and Practical Law Restructuring and Insolvency
An examination of the impact of insolvency on commercial fraud claims. This practice note considers the pari passu principle and the situations in which a victim of fraud may obtain a better status in the fraudster's insolvency than an unsecured creditor, including through tracing. It also considers adjustments of prior transactions (including transactions defrauding creditors), fraudulent trading, wrongful trading and provisions under the Insolvency Act 1986 that enable insolvency office holders to obtain information from individuals and companies.
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