Determining the insolvent estate – A comparative analysis

This article is part of a comparative research project in which the provisions of several different jurisdictions concerning the determination of the insolvent estate are examined. In particular, this part of the project examines those provisions which enable the administrator of the insolvent estate to seek to increase the size of the estate by (a) setting aside pre‐insolvency transactions and (b) seeking compensation from those who allegedly were negligent or fraudulent in the management of the debtor prior to the onset of the latter's insolvency. The overall purpose of the research study is to establish a basis for the possible substantive harmonization of the different provisions in those countries, which constitute the European Union. Copyright © 2011 John Wiley & Sons, Ltd.