| Popis: |
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. |
