Employment and Pension Rights in Corporate Insolvency

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Author :
Publisher : Tolley
ISBN 13 : 9781860129315
Total Pages : pages
Book Rating : 4.1/5 (293 download)

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Book Synopsis Employment and Pension Rights in Corporate Insolvency by : David Pollard

Download or read book Employment and Pension Rights in Corporate Insolvency written by David Pollard and published by Tolley. This book was released on 2000-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Corporate Insolvency

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Author :
Publisher :
ISBN 13 : 9781526515650
Total Pages : 992 pages
Book Rating : 4.5/5 (156 download)

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Book Synopsis Corporate Insolvency by : David Pollard

Download or read book Corporate Insolvency written by David Pollard and published by . This book was released on 2021 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about ?association? and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work."--

Tolley's Employment and Pension Rights in Corporate Insolvency

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Author :
Publisher : Hyperion Books
ISBN 13 : 9780854597376
Total Pages : 331 pages
Book Rating : 4.5/5 (973 download)

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Book Synopsis Tolley's Employment and Pension Rights in Corporate Insolvency by : David Pollard

Download or read book Tolley's Employment and Pension Rights in Corporate Insolvency written by David Pollard and published by Hyperion Books. This book was released on 1994 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Employee and Pension Claims During Company Insolvency

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Author :
Publisher : Carswell Legal Publications
ISBN 13 : 9780779817375
Total Pages : 499 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Employee and Pension Claims During Company Insolvency by : Janis Pearl Sarra

Download or read book Employee and Pension Claims During Company Insolvency written by Janis Pearl Sarra and published by Carswell Legal Publications. This book was released on 2008 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This study is the most comprehensive analysis of the treatment of social claims in insolvency to date, and will make an important contribution to a timely and important public policy debate. The text can be used to challenge the status quo, to compare and contrast one system to another in order to frame an argument of why wages and pensions should be treated differently in your country. This book is divided into parts that are designed to provide the most detailed account of world insolvency systems and how they treat wages and benefits of employees."--pub. desc.

Employee Rights in Corporate Insolvency

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Author :
Publisher : Routledge
ISBN 13 : 1000731111
Total Pages : 213 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Employee Rights in Corporate Insolvency by : Hamiisi Junior Nsubuga

Download or read book Employee Rights in Corporate Insolvency written by Hamiisi Junior Nsubuga and published by Routledge. This book was released on 2019-10-08 with total page 213 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.

Corporate Insolvency: Employment Rights

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1784514675
Total Pages : 727 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis Corporate Insolvency: Employment Rights by : David Pollard

Download or read book Corporate Insolvency: Employment Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2016-12-22 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Insolvency: Employment Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of employment and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.How this book can help you in your workProviding in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Employment Rights focuses on the application of the rules relating to corporate insolvency and how they impact on employees. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise, for example: How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? Who is liable and what priority is given to past or future claims? Keep up to dateCoverage includes:? The changes to expenses and provable debts following the Supreme Court decision in Nortel? Changes to Tupe in 2014? Who is a "worker": Clyde & Co v Bates van Winkelhof? Caselaw on Tupe and dismissals, including: Crystal Palace FC Ltd v Kavanagh? New employment tribunal fees and penalties? Changes to preferential debtsWhy you should read this bookIf you work as an employment practitioner or corporate insolvency practitioner, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Employment Rights an essential aid to your work.

Corporate Insolvency: Pension Rights

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1784514713
Total Pages : 795 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis Corporate Insolvency: Pension Rights by : David Pollard

Download or read book Corporate Insolvency: Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2016-12-22 with total page 795 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Insolvency: Pension Rights is the only book of its kind to successfully bridge the gap between the two distinct disciplines of pensions law and corporate insolvency law by drawing out the legal principles applicable where the different legal regimes interact.Providing in-depth analysis and drawing together legislation, case law, analysis and comment Corporate Insolvency: Pension Rights focuses on the application of the rules relating to corporate insolvency and how they impact on pensions. It explains the detailed elements of this specialist field of law and practice, providing a useful base on which to answer questions that are likely to arise.Coverage includes: the Supreme Court decision in Nortel and its impact on recovery under TPR's moral hazard powers; limits on the amount of contribution notices: Re Storm Funding; issues on s75 debts: MNRPF v Stena; cases on TPR's moral hazard powers; and surpluses on winding up: UC Rusal Alumina v Miller.Why you should read this bookIf you work as a pensions practitioner, corporate insolvency practitioner or accountant, you will find the up-to-date case law and practical analysis in Corporate Insolvency: Pension Rights an essential aid to your work.

Corporate Insolvency: Employment and Pension Rights

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1526515636
Total Pages : 1214 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Corporate Insolvency: Employment and Pension Rights by : David Pollard

Download or read book Corporate Insolvency: Employment and Pension Rights written by David Pollard and published by Bloomsbury Publishing. This book was released on 2022-10-24 with total page 1214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.

Firm Bankruptcy and Retiree Benefits

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Author :
Publisher :
ISBN 13 : 9781634855891
Total Pages : 86 pages
Book Rating : 4.8/5 (558 download)

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Book Synopsis Firm Bankruptcy and Retiree Benefits by : Joshua H. Saunders

Download or read book Firm Bankruptcy and Retiree Benefits written by Joshua H. Saunders and published by . This book was released on 2016-11-13 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt: Benefits for retired employees are of particular interest to policymakers, who often are concerned with the income security of retirees, a large and fast-growing population. One aspect of this congressional concern is what happens when bankrupt employers are unable to provide promised pension and health benefits to their retired employees. This book explores the protections of benefits awarded retirees and future retirees of bankrupt private-sector employers under current law. Although there are many types of employee benefits, active employees, retirees, and the employers themselves are often especially concerned with postretirement pensions and health insurance benefits, usually the two largest components of these so-called legacy costs. This book also provides an overview of the status of employee wages and benefits, including retiree benefits, when an employer files in bankruptcy, and the amendments made to the U.S. Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act; provides background on Delphi Corporation, relevant pension law, the role of the Pension Benefit Guaranty Corporation (PBGC), a description of major events at Delphi since 1999, and a listing of congressional hearings and legislation introduced related to the Delphi Corporation since the 111th Congress.

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 Insolvency and Rescue

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1784518638
Total Pages : 838 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 838 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.

Employment Law and Pensions

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1526525836
Total Pages : 799 pages
Book Rating : 4.5/5 (265 download)

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Book Synopsis Employment Law and Pensions by : David Pollard

Download or read book Employment Law and Pensions written by David Pollard and published by Bloomsbury Publishing. This book was released on 2023-07-13 with total page 799 pages. Available in PDF, EPUB and Kindle. Book excerpt: Save time with the only dedicated text on the market that deals with the intersection of pension and employment law issues. Alongside a comprehensive overview of pensions provision in the UK, this title is organised into seven parts to guide you through the distinct issues concerning these intersecting disciplines. These include the obligations of employers, unlawful discrimination, employment contracts, employers' powers and consultation, TUPE and the cessation of employment. The Second Edition has been fully updated to include: - New cases across all seven parts of the work, assessing their impact on practice and procedure, including Walker v Innospec in the Supreme Court and IBM v Dalgeish and Bradbury v BBC in the Court of Appeal - New chapters covering: - disability discrimination and pensions - the definition of pensionable pay in a pension trust - Braganza duties on employers - whether TUPE transfers third party obligations - The impact of Brexit on pensions provision in the UK This title is included in Bloomsbury Professional's Employment Law and Pensions Law online services.

Creditor Rights and the Public Interest

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Author :
Publisher :
ISBN 13 : 9780802087546
Total Pages : 352 pages
Book Rating : 4.0/5 (875 download)

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Book Synopsis Creditor Rights and the Public Interest by : Janis Pearl Sarra

Download or read book Creditor Rights and the Public Interest written by Janis Pearl Sarra and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.

Principles of Corporate Insolvency Law

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Author :
Publisher : Sweet & Maxwell
ISBN 13 : 0421966106
Total Pages : 1189 pages
Book Rating : 4.4/5 (219 download)

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Book Synopsis Principles of Corporate Insolvency Law by : Royston Miles Goode

Download or read book Principles of Corporate Insolvency Law written by Royston Miles Goode and published by Sweet & Maxwell. This book was released on 2011 with total page 1189 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.

Statutory Priorities in Corporate Insolvency Law

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Author :
Publisher : Routledge
ISBN 13 : 1351897977
Total Pages : 290 pages
Book Rating : 4.3/5 (518 download)

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Book Synopsis Statutory Priorities in Corporate Insolvency Law by : Christopher F. Symes

Download or read book Statutory Priorities in Corporate Insolvency Law written by Christopher F. Symes and published by Routledge. This book was released on 2016-12-05 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

Asian Insolvency Systems: Closing the Implementation Gap

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Author :
Publisher : OECD Publishing
ISBN 13 : 9264038337
Total Pages : 284 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Asian Insolvency Systems: Closing the Implementation Gap by : OECD

Download or read book Asian Insolvency Systems: Closing the Implementation Gap written by OECD and published by OECD Publishing. This book was released on 2007-11-26 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conference proceedings that provides a regional and country perspective on Asian insolvency reform, including individual Asian country reports, and reports on broader international trends and developements.

Orderly and Effective Insolvency Procedures

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Author :
Publisher : International Monetary Fund
ISBN 13 : 9781557758200
Total Pages : 108 pages
Book Rating : 4.7/5 (582 download)

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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.