Comparative Insolvency Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781007381
Total Pages : 328 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Comparative Insolvency Law by : Bo Xie

Download or read book Comparative Insolvency Law written by Bo Xie and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.

Corporate Insolvency Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521626859
Total Pages : 662 pages
Book Rating : 4.6/5 (268 download)

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Book Synopsis Corporate Insolvency Law by : Vanessa Finch

Download or read book Corporate Insolvency Law written by Vanessa Finch and published by Cambridge University Press. This book was released on 2002-09-12 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

Corporate Rescue

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Publisher :
ISBN 13 : 9780421587502
Total Pages : 244 pages
Book Rating : 4.5/5 (875 download)

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Book Synopsis Corporate Rescue by : Alice Belcher

Download or read book Corporate Rescue written by Alice Belcher and published by . This book was released on 1997 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a conceptual, interdisciplinary approach to the issues surrounding corporate rescue and the decision possibilities for companies in decline. The broad perspective enables the reader to understand the wider business context of insolvency law.

Corporate Rescue Law--an Anglo-American Perspective

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848445105
Total Pages : 331 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Corporate Rescue Law--an Anglo-American Perspective by : Gerard McCormack

Download or read book Corporate Rescue Law--an Anglo-American Perspective written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . a highly readable and informative text and an excellent addition to insolvency scholarship. . . In their entirety, the chapters of Corporate Rescue Law An Anglo-American Perspective represent one of the most incisive and relevant treatments of comparative insolvency regimes to date. . . This book is an absolute boon: it provides the reader with a mass of legal and practical insights into the workings of two ostensibly divergent systems and challenges received wisdom in a fluent and persuasive manner. Not only are legal differences examined through the lens of practice, but also commercial, philosophical and social responses to failure are considered and highlighted as possible drivers of those real distinctions that do exist. Professor McCormack has produced an exceptional work that should be required reading for academics, practitioners and policy makers alike, and is to be warmly congratulated. Sandra Frisby, Banking and Finance Law Review The issues are well chosen. They are easily the most important aspects of any corporate rescue law. The careful analysis of the technical provisions, the incorporation of the extensive scholarship on the two corporate rescue regimes and the reference to practice in the real world all help to make these chapters an indispensable tool for any scholar wishing to gain a better understanding of the similarities and differences of English and American corporate rescue laws. . . This monograph could not have come at a better time. . . The comparative account in this book will help law reformers, judges and scholars to have a better grasp of the issues and appreciate better how the two systems have dealt with them. . . Comparative law has a critical role to play in promoting mutual understanding and respect. It is hoped that this monograph will help in that respect. Wee Meng Seng, Singapore Journal of Legal Studies This book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is pro-debtor and UK law is pro-creditor , and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights. Integrating theoretical and practical insights, this book will be of great interest to academics and practitioners, and also to policymakers in the DTI, Insolvency Service and regulatory bodies.

Employee Rights in Corporate Insolvency

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Author :
Publisher : Routledge
ISBN 13 : 1000731111
Total Pages : 200 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Employee Rights in Corporate Insolvency by : Hamiisi Nsubuga

Download or read book Employee Rights in Corporate Insolvency written by Hamiisi Nsubuga and published by Routledge. This book was released on 2019-10-08 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees’ rights and interests. Employment laws seek to protect employees’ rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin’s Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.

Research Handbook on Corporate Restructuring

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786437473
Total Pages : 584 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Research Handbook on Corporate Restructuring by : Omar, Paul J.

Download or read book Research Handbook on Corporate Restructuring written by Omar, Paul J. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.

Corporate Insolvency and Rescue

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 178451862X
Total Pages : 775 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis Corporate Insolvency and Rescue by : Irene Lynch-Fannon

Download or read book Corporate Insolvency and Rescue written by Irene Lynch-Fannon and published by Bloomsbury Publishing. This book was released on 2016-10-14 with total page 775 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this authoritative book examines in detail all the corporate insolvency procedures available in Ireland, including examination, receivership and winding-up. It examines the rights and liabilities of the parties involved in the winding-up process - company directors, shareholders, and secured and unsecured creditors - and also addresses the issue of fraudulent and reckless trading.

Corporate and Personal Insolvency Law

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Author :
Publisher : Routledge
ISBN 13 : 1135336229
Total Pages : 693 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Corporate and Personal Insolvency Law by : Fiona Tolmie

Download or read book Corporate and Personal Insolvency Law written by Fiona Tolmie and published by Routledge. This book was released on 2013-03-04 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate and Personal Insolvency Law provides a basic framework of knowledge of the current legal rules and a comprehensive introduction to the underlying issues. It will be ideal for those studying insolvency at undergraduate or postgraduate level and for those studying professional examinations and practising in the area.

Insolvency Law and Multinational Groups

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Publisher : Routledge
ISBN 13 : 1000497291
Total Pages : 271 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Insolvency Law and Multinational Groups by : Daoning Zhang

Download or read book Insolvency Law and Multinational Groups written by Daoning Zhang and published by Routledge. This book was released on 2019-07-30 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insolvency of multinational corporate groups creates a compelling challenge to the commercial world. As many medium and large-sized companies are multinational companies with operations in different countries, it is important to provide appropriate solutions for the insolvency of these key market players. This book provides a comprehensive overview of the cross-border insolvency theories, practical solutions and regulatory solutions for the insolvency of multinational corporate groups. Whilst the book recognises certain merits of these solutions, it also reveals the limitations and uncertainty caused by them. An analysis of the provisions and tools relating to cross-border insolvency of multinational corporate groups in the new EU Regulation on insolvency proceedings 2015, the UNCITRAL Model Law on cross-border insolvency, the Directive on preventive restructuring frameworks and the Bank Recovery and Resolution Directive 2014, along with a study of directors’ duties, are included in this book. This book focuses on the insolvency and rescue of non-financial corporate groups. However, it is also important to recognise the similarities and differences between corporate insolvency regimes and bank resolution regimes. In particular, lessons learnt from bank resolution practices may be useful for non-financial corporate groups. This book aims to provide an in-depth examination of the existing solutions for the insolvency of multinational corporate groups. It also aims to view cross-border insolvency of corporate groups within a broad context where all relevant regimes and theories interact with each other. Therefore, directors’ duties in the vicinity of insolvency, preventive insolvency proceedings, procedural consolidation, international cooperative frameworks and bank resolution regimes are considered together. This book may appeal to academics, students and practitioners within the areas of corporate law, cross-border insolvency law and financial law.

Corporate Rescue

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Publisher :
ISBN 13 : 9780421966703
Total Pages : 294 pages
Book Rating : 4.9/5 (667 download)

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Book Synopsis Corporate Rescue by : Rebecca Parry

Download or read book Corporate Rescue written by Rebecca Parry and published by . This book was released on 2008 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Corporate Rescue serves as a comprehensive and user-friendly guide to the rescue of insolvent companies and businesses. It offers an in-depth analysis of relevant case law and legislation and provides you with the tools you need to advise successfully in this area of law."--BOOK JACKET.

Rescue!

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Publisher :
ISBN 13 : 9780779800025
Total Pages : 0 pages
Book Rating : 4.8/5 ( download)

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Book Synopsis Rescue! by : Janis Pearl Sarra

Download or read book Rescue! written by Janis Pearl Sarra and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Insolvency Law

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409496058
Total Pages : 488 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis International Insolvency Law by : Professor Paul Omar

Download or read book International Insolvency Law written by Professor Paul Omar and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.

Hong Kong Corporate Insolvency Manual

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Publisher :
ISBN 13 : 9789888301577
Total Pages : 448 pages
Book Rating : 4.3/5 (15 download)

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Book Synopsis Hong Kong Corporate Insolvency Manual by : Charles D. Booth

Download or read book Hong Kong Corporate Insolvency Manual written by Charles D. Booth and published by . This book was released on 2015 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rescue of Business in Europe

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Publisher : Oxford University Press
ISBN 13 : 019256112X
Total Pages : 2088 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Rescue of Business in Europe by : Gert-Jan Boon

Download or read book Rescue of Business in Europe written by Gert-Jan Boon and published by Oxford University Press. This book was released on 2020-01-30 with total page 2088 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.

Concentrate Questions and Answers Company Law

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Publisher : Oxford University Press
ISBN 13 : 0198745222
Total Pages : 281 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Concentrate Questions and Answers Company Law by : Imogen Moore

Download or read book Concentrate Questions and Answers Company Law written by Imogen Moore and published by Oxford University Press. This book was released on 2016 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.

Tolleys Taxwise 2021-22

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Publisher :
ISBN 13 : 9780754557845
Total Pages : 1286 pages
Book Rating : 4.5/5 (578 download)

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Book Synopsis Tolleys Taxwise 2021-22 by : David Heaton

Download or read book Tolleys Taxwise 2021-22 written by David Heaton and published by . This book was released on 2021-11-22 with total page 1286 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy

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Author :
Publisher : IGI Global
ISBN 13 : 1522555420
Total Pages : 283 pages
Book Rating : 4.5/5 (225 download)

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Book Synopsis Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy by : Kashyap, Amit

Download or read book Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy written by Kashyap, Amit and published by IGI Global. This book was released on 2018-09-28 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.