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Current Issues In Cross Border Insolvency And Reorganizations
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Book Synopsis Current Issues in Cross-Border Insolvency and Reorganizations by : E. Leonard
Download or read book Current Issues in Cross-Border Insolvency and Reorganizations written by E. Leonard and published by Springer. This book was released on 1994-07-26 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work, undertaken by the Insolvency and Creditors' Rights Committee of the International Bar Association's Section on Business Law, gathers together a critical assessment of some of the most pressing current issues in cross-border insolvency and reorganization, under the following headings: The Proposed European Community Insolvency Convention; Comparative Analysis of Chapter 11 with the UK Administration System; Maxwell Communication: New Aspects of Co-operation in International Insolvency; The Olympia & York Reorganization: Parallel International Reorganization Proceedings; Treatment of International Insolvency Issues in Japan; Cross-Border Insolvency Issues in Canada; Aspects of International Insolvency Administration in Germany; Practical Problems in Cross-Border Insolvencies; Recognition of Foreign Insolvency and Legal Proceedings in Italy; The New Insolvency Regimes in Russia and the CIS; Shareholder Liability, Consolidation and Pooling; The Model International Insolvency Co-operation Act; Effects of Foreign Bankruptcy Judgments and Power of Foreign Receivers - A French Perspective.
Book Synopsis Current Issues in Cross-border Insolvency and Reorganisations by :
Download or read book Current Issues in Cross-border Insolvency and Reorganisations written by and published by . This book was released on 1994 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Cooperation in Bankruptcy and Insolvency Matters by : Bob Wessels
Download or read book International Cooperation in Bankruptcy and Insolvency Matters written by Bob Wessels and published by Oxford University Press. This book was released on 2009 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.
Book Synopsis UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation by :
Download or read book UNCITRAL Model Law on Cross-border Insolvency with Guide to Enactment and Interpretation written by and published by . This book was released on 2014-10-22 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: UNCITRAL model law on cross-border insolvency -- Guide to enactment and interpretation of the UNCITRAL model law on cross-border insolvency -- General assembly resolution 52/158 of 15 december 1997 -- decision of the united nations commission on international trade law
Book Synopsis Reorganizing Failing Businesses by :
Download or read book Reorganizing Failing Businesses written by and published by American Bar Association. This book was released on with total page 1380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Cross-Border Insolvency Law by : Bob Wessels
Download or read book Cross-Border Insolvency Law written by Bob Wessels and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.
Book Synopsis European Cross-border Insolvency Regulation by : Jona Israël
Download or read book European Cross-border Insolvency Regulation written by Jona Israël and published by Intersentia nv. This book was released on 2005 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive analysis of the regulation of cross-border insolvencies in Europe. Council Regulation 1346/2000 on Insolvency Proceedings forms the natural focal point of such a study. However, while this book explores in detail the background, legal basis as well as the substance of the Regulation, it also contains an examination of the Regulation from two wider perspectives: that of international cross-border insolvency regulation and Community law. The approach adopted by the Regulation to the problems raised by cross-border insolvency forms part of a paradigmatic shift at the global level. The 'struggle over jurisdiction' - the natural state of affairs under the old principles of 'universality & territoriality' - is increasingly being replaced by co-operation between the jurisdictions involved. The Regulation must be understood against the backdrop of these new cooperative approaches, including the UNCITRAL Model Law and ancillary proceedings. Doing so, this book argues that the co-operative framework of the Regulation is limited and may ultimately not suffice to realise the efficient and effective cross-border proceedings it is aiming for. Although the Regulation is an exponent of this global shift towards cooperation, the legal context in which it operates is nevertheless very different. Community law, as an autonomous legal order, has limited the private international law autonomy of Member States and generated a comitas Europaea. This book argues that Community law and its comitas must be taken seriously. They are an important source of principles to guide courts in the interpretation and application of the Regulation and may reinforce and expand the co-operative mechanisms of the Regulation. Jona Israel obtained his LL.M. at the University of East Anglia, Norwich in 1994 and graduated at the University of Maastricht in 1995. From 1995 to 1998 he was researcher at the European University Institute in Florence, Italy. Since 1998 he has been lecturer at the University of Maastricht, teaching private international law, insolvency law and commercial law.
Book Synopsis A Global View of Business Insolvency Systems by : Jay Lawrence Westbrook
Download or read book A Global View of Business Insolvency Systems written by Jay Lawrence Westbrook and published by Martinus Nijhoff Publishers. This book was released on 2010 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in an age of economic turmoil. The recent crises emphasize the need for modern, sophisticated rules to govern businesses in financial distress in order to realize value from distressed companies and to protect economic institutions. This book provides information for legislators, policymakers, lawyers, accountants, academics, and administrators who seek to understand the workings of insolvency laws. Guided by the World Bank’s Principles and Guidelines, it supplements the work in this field done by UNCITRAL.
Author :International Monetary Fund Publisher :International Monetary Fund ISBN 13 :9781557758200 Total Pages :108 pages Book Rating :4.7/5 (582 download)
Book Synopsis Orderly and Effective Insolvency Procedures by : International Monetary Fund
Download or read book Orderly and Effective Insolvency Procedures written by International Monetary Fund and published by International Monetary Fund. This book was released on 1999-08-02 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
Book Synopsis The Future of Cross-Border Insolvency by : Irit Mevorach
Download or read book The Future of Cross-Border Insolvency written by Irit Mevorach and published by Oxford University Press. This book was released on 2018-03-01 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a framework for improving its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing the mechanisms for managing the insolvency of multinational enterprises and financial institutions. The book considers the effectiveness of the current system and identifies the gaps that could be bridged by adopting certain strategies and tools, to improve the system further. The book first discusses the theoretical debate regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method-modified universalism in its application to both commercial entities and financial institutions, consequently identifying a single set of emerging norms. The book argues that adhering to these norms more robustly would enhance global welfare and produce the best outcomes for businesses and institutions. By drawing upon sources from international law as well as behavioural and economic theory, the book offers a blueprint for meeting the demands of future cross-border insolvencies. It considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency as well as the impact that instrument design has on decisions and choices. It explores how to encourage compliance and proposes mechanisms that could potentially overcome, or at least take into account, behavioural biases in decision-making.
Book Synopsis Sovereign Debt Restructurings 1950-2010 by : Mr.Udaibir S. Das
Download or read book Sovereign Debt Restructurings 1950-2010 written by Mr.Udaibir S. Das and published by International Monetary Fund. This book was released on 2012-08-01 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper provides a comprehensive survey of pertinent issues on sovereign debt restructurings, based on a newly constructed database. This is the first complete dataset of sovereign restructuring cases, covering the six decades from 1950–2010; it includes 186 debt exchanges with foreign banks and bondholders, and 447 bilateral debt agreements with the Paris Club. We present new stylized facts on the outcome and process of debt restructurings, including on the size of haircuts, creditor participation, and legal aspects. In addition, the paper summarizes the relevant empirical literature, analyzes recent restructuring episodes, and discusses ongoing debates on crisis resolution mechanisms, credit default swaps, and the role of collective action clauses.
Author :International Monetary Fund. Monetary and Capital Markets Department Publisher :International Monetary Fund ISBN 13 :1498336051 Total Pages :77 pages Book Rating :4.4/5 (983 download)
Book Synopsis An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency by : International Monetary Fund. Monetary and Capital Markets Department
Download or read book An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2009-04-17 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
Book Synopsis International Insolvency Law by : Paul Omar
Download or read book International Insolvency Law written by Paul Omar and published by Routledge. This book was released on 2017-07-05 with total page 452 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 the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.
Book Synopsis Transnational Legal Orders by : Terence C. Halliday
Download or read book Transnational Legal Orders written by Terence C. Halliday and published by Cambridge University Press. This book was released on 2015-01-19 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Legal Orders offers an empirically grounded approach to the emergence of legal orders beyond nation-states that reframes the study of law and society.
Book Synopsis Latin American Insolvency Systems by : Malcolm Rowat
Download or read book Latin American Insolvency Systems written by Malcolm Rowat and published by World Bank Publications. This book was released on 1999 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Modern society has eliminated the inhumane debtors' prisons for handling the insolvent debtor and in their stead have enacted benign modern laws in the area of bankruptcy. Unscrupulous merchants now use these benign laws for fraudulent purposes." Based on case studies in Argentina, Brazil, Mexico, and Venezuela, this is the first publication to provide recommendations about the important legal and institutional issues that are involved in bankruptcy reform in a critical region of the global economy. The authors note that effective bankruptcy policy balances several requirements for the conduct of a stable, successful economy. For example, it might be in the greatest interests to all parties if a company is given an opportunity to restructure and make use of the scarce resources remaining in its possession. On the other hand, inefficient firms, especially those that have long survived only on state subsidies, may need to fail in order to free space in the market for more efficient, better-managed companies. Finally, there are the needs to enforce loan contracts and provide an equitable system of debt collection.
Book Synopsis Going for Broke by : Jean-Pierre Brun
Download or read book Going for Broke written by Jean-Pierre Brun and published by World Bank Publications. This book was released on 2019-12-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Going for Broke focuses on insolvency as an additional civil remedy in the arsenal of asset recovery practitioners, specifically in the context of grand corruption investigations and proceedings. The recovery of corruption proceeds is often sought through criminal prosecution and confiscation or civil lawsuits. Insolvency proceedings can also be an effective mechanism in the right circumstances, with their own advantages and disadvantages. The scenario that is most likely to benefit from this type of remedy is one in which bribes and stolen funds have been routed through special-purpose companies. This guidebook is intended as a practical tool to help policy makers, public officials, and those who have been entrusted with recovering their nations' stolen assets. It informs them about the ways that insolvency can be used to pursue proceeds of corruption. It may also serve as a quick reference for other practitioners: insolvency professionals, auditors, financial institutions, in-house counsel, and other professionals who deal with corruption.
Book Synopsis Research Handbook on Cross-Border Bank Resolution by : Matthias Haentjens
Download or read book Research Handbook on Cross-Border Bank Resolution written by Matthias Haentjens and published by Edward Elgar Publishing. This book was released on 2019 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2008, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. Whereas much may have been achieved on regional levels, this has not been perfect, and many global challenges remain unsolved. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for cross-border bank crises with contributions from eminent experts from the US, EU, Japan and China. The topic is addressed from both economic, and legal perspectives, with a special section devoted to real-life cases.
