International Asset Tracing in Insolvency

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.

About the Author

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.