This is the only book to provide comprehensive coverage of the legal issues involved in asset tracing in insolvencies. Both corporate and personal insolvencies are covered in domestic and international cases.
The second edition incorporates recent developments in case law and statutory frameworks in six key jurisdictions-the United States, England and Wales, the British Virgin Islands, the Cayman Islands, Jersey, and Guernsey. It analyses the latest legal developments in cross-border insolvency and general asset tracing initiatives, as well as jurisdiction-specific developments. Developments include the treatment of cryptocurrency insolvencies, legislative shifts in the UK post Brexit, Black Swan injunctions and the effect of the 2024 amendments to the Companies Act, the latest on the restructuring officer regime, and the positions on insolvent trusts. Featuring analysis from experienced specialists in key offshore and onshore financial centres, each chapter deals with a different national framework, setting out statute and case law, and identifying the international tools available to trace assets. These experts identify the specific tools available for tracing and recovering assets-for asset tracing inside or outside of bankruptcy or insolvency processes-and those available for cross-border international cooperation.
1: Alex Nelder, James McSweeney, Jerome Squires, Rayhan Langdana: England and Wales I: Insolvency Law in England and Wales II: Asset Tracing in England and Wales III: Criminal Powers IV: International Enforcement and Assistance 2: Evan J. Zucker, Rick Antonoff: USA I: Introduction II: Overview of US Insolvency Law III: US Laws Relevant to Asset Tracing & Recovery IV: Recovery of Cryptocurrency in Bankruptcy Proceedings V: Conclusion 3: Bruce MacNeil, Oliver Passmore, Charlie Dessain: Jersey I: Introduction II: Overview of Jersey Insolvency Regimes III: Powers and Duties of Insolvency Officeholders IV: Basic Tools for Domestic and International Asset Tracing in Insolvency V: Court Orders Generally Available for Asset Tracing VI: Jersey Law of Asset Tracing (Including Trusts and Restitutionary Remedies) VII: Conclusion 4: Mathew Newman, Alex Horsbrugh-Porter: Guernsey I: Introduction II: Guernsey Insolvency Law III: Guernsey Law of Asset Tracing IV: Conclusion 5: Brian Lacy, Romauld Johnson: The British Virgin Islands I: Chapter Overview II: Sources of BVI Law, the Legislative Framework, and the Definition of Assets III: BVI Insolvency Act Processes IV: Orders in Aid of Foreign Proceedings under the Insolvency Act 2003 V: Processes and Procedures under the BVI Business Companies Act 2004 VI: Disclosure of Documents, Evidence by Deposition, and Letters of Request VII: Interim Remedies and Piercing the Corporate Veil VIII: Asset Tracing and the Proceeds of Crime IX: The BVI Law on Asset Tracing Outside Specific Insolvency Provisions X: Enforcement of Foreign Judgments and Arbitration Awards XI: Conclusion 6: Rachael Reynolds, Gemma Bellfield, Nour Khaleq, Max Galt: Cayman Islands I: Introduction II: Cayman Island Legal System; Sources and Precedent III: Cayman Islands Procedure IV: Cayman Islands Company Law V: Cayman Islands Corporate Insolvency Regime VI: Statement of Affairs: Duties of Cooperation: Examination VII: Actions in Insolvency Proceedings VIII: Foreign companies IX: Financial Restructuring/Schemes of Arrangement X: Recognition and Enforcement of Foreign Judgments in the Cayman Courts XI: Personal Bankruptcy: Recognition of Foreign Trustee in Bankruptcy XII: Cross-border Insolvencies XIII: Asset Tracing: Locating Assets: Identifying Ownership XIV: Practicalities of Asset Tracing in the Cayman Islands XV: Recalculation of Published Net Asset Values and Clawback XVI: Interlocutory Injunctions: Asset-Freezing: Disclosure Orders XVII: Conclusion
Felicity Toube KC is a commercial barrister specializing in insolvency, particularly in cross-border issues, in relation to which she also frequently acts as a court-appointed expert. She has taken roles in all the recent major corporate frauds and insolvencies including NMC, Saad, Madoff, Lehman, and Stanford. Felicity is a Vice Chair of the International Insolvency Institute, and Visiting Professor of Practice at the University of Oxford, where she teaches on the Corporate Insolvency and Commercial Mediation courses on the BCL. Felicity is also an ADR Group Accredited Civil & Commercial Mediator, an accredited Arbitrator by CiArb, and is Co-Chair of the INSOL ADR Colloquium.
