Law Commons^™

There is a well-known principle in insolvency law that prohibits an insolvent debtor from providing contractually or otherwise that his property or rights will be confiscated or pass on to another upon his insolvency. The “anti-deprivation” principle is said to be a reflection of public policy in the administration and distribution of an insolvent’s estate seeking to prevent a “fraud” on insolvency law. In a separate vein, groups of companies also pose various unique issues for insolvency law. For the first time, these two sets of issues were brought to a head in Peregrine Investments Holdings v. A.I.F.M.C. Ltd. LDC, …