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.

Insolvency Explained

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Author :
Publisher :
ISBN 13 : 9781634255646
Total Pages : 208 pages
Book Rating : 4.2/5 (556 download)

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Book Synopsis Insolvency Explained by : David J. Cook

Download or read book Insolvency Explained written by David J. Cook and published by . This book was released on 2017 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is insolvency? -- Assets grow feet -- Follow the guideposts to all proceedings -- Beware exoneration of the guarantor -- A primer for UCC priorities -- Suspension of performance and insolvency options -- Reclamation rights : difficult outcomes in different forums (and the Law of the Unexpected) -- Insiders, subrogated to secured claims or priority claims, wipe out the estate -- Bankruptcy -- Assignment for the benefit of creditors -- Bulk transfers -- Probates and trust proceedings -- Adjustment and workouts -- Receiverships -- Statutory funds, bonds, and mass tort funds

Keay's Insolvency

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Author :
Publisher : Lawbook Company
ISBN 13 : 9780455236919
Total Pages : pages
Book Rating : 4.2/5 (369 download)

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Book Synopsis Keay's Insolvency by : Michael Murray

Download or read book Keay's Insolvency written by Michael Murray and published by Lawbook Company. This book was released on 2016-03-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.

Personal Insolvency in the 21st Century

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900993
Total Pages : 258 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Personal Insolvency in the 21st Century by : Iain Ramsay

Download or read book Personal Insolvency in the 21st Century written by Iain Ramsay and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

Equity and Administration

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107142733
Total Pages : 601 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Equity and Administration by : P. G. Turner

Download or read book Equity and Administration written by P. G. Turner and published by Cambridge University Press. This book was released on 2016-05-26 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.

Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy

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Author :
Publisher : IGI Global
ISBN 13 : 1522555420
Total Pages : 261 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 261 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.

Insolvency Explained

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Author :
Publisher :
ISBN 13 : 9780947877880
Total Pages : 126 pages
Book Rating : 4.8/5 (778 download)

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Book Synopsis Insolvency Explained by : Paul Newman

Download or read book Insolvency Explained written by Paul Newman and published by . This book was released on 1992 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this text is to bring about a general understanding of the relevant law and insolvency practice in relation to the construction industry.

Insolvency Law Made Clear

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Author :
Publisher : Bath Publishing Limited
ISBN 13 : 1739099214
Total Pages : 338 pages
Book Rating : 4.7/5 (39 download)

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Book Synopsis Insolvency Law Made Clear by : Daniel Kessler

Download or read book Insolvency Law Made Clear written by Daniel Kessler and published by Bath Publishing Limited. This book was released on 2021-06-30 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Debt is a fact of life nowadays. Debt is used to help businesses grow and individuals secure their futures. But sometimes things go awry - the financial upheaval of pandemic being a prime example - and a debtor is left facing bills they cannot pay. Their creditors may then start to take legal action to recover their money and, if they are still not paid, creditors may threaten to present a bankruptcy or a winding up petition. The law and procedures involved are complex and can seem overwhelming to someone with little legal knowledge. Insolvency Law Made Clear: A Guide for Debtors aims to help such people. It is a clear, plain English guide to personal and corporate insolvency law and procedure that will help the debtor either challenge their creditors or enable them to come out the other side with the best outcome possible so they can move on to the next chapter in their life. Daniel Kessler, a barrister who represents both debtors and creditors in the insolvency courts, answers all the key questions that the reader will need to answer such as: Should a debtor go bankrupt? If not, what are the alternatives? Should the debtor resist? What is a statutory demand and what is a bankruptcy petition? What powers does a Trustee in Bankruptcy have? And can they be challenged? What are the different types of corporate insolvency? When will a director have to pay the debts of their company? What happens after a company is wound up? Crucially, he also provides invaluable tips, guidance and checklists on how to represent yourself in proceedings - sometimes, the only option where funds are tight- alongside a collection of precedent documents and forms that will help in that effort. This comprehensive combination of guidance and precedents in Insolvency Law Made Clear: A Guide for Debtors makes it an essential reference for everyone facing a debt they cannot afford to repay, whether as an individual or a business.

A Global View of Business Insolvency Systems

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004180257
Total Pages : 319 pages
Book Rating : 4.0/5 (41 download)

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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.

Insolvency

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Author :
Publisher : Elsevier
ISBN 13 : 1845699033
Total Pages : 211 pages
Book Rating : 4.8/5 (456 download)

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Book Synopsis Insolvency by : Peter Eales

Download or read book Insolvency written by Peter Eales and published by Elsevier. This book was released on 1996-05-31 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is intended to provide a middle road between the basic student text and the heavy practitioner’s manual. It covers all aspects of insolvency, including both corporate and private bankruptcy together with the alternative routes to the insolvency process. The book aims to give not only a view of the complex legal issues met with in the field of business, but also addresses the practical alternatives open to insolvent debtors and creditors. Includes a new addendum to take into account the effects of the recent Insolvency and Enterprise Acts.

Insolvency Law

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Author :
Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Insolvency Law by : Harry Rajak

Download or read book Insolvency Law written by Harry Rajak and published by . This book was released on 1993 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Personal Insolvency Law, Regulation and Policy

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Author :
Publisher : Routledge
ISBN 13 : 1351911864
Total Pages : 223 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Personal Insolvency Law, Regulation and Policy by : David Milman

Download or read book Personal Insolvency Law, Regulation and Policy written by David Milman and published by Routledge. This book was released on 2017-05-15 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the radical reforms contained in the Enterprise Act 2002 have come fully on-stream, Personal Insolvency Law has become a major focus of attention. At the same time, all evidence points to increasing levels of personal debt with the consequential rise in bankruptcies. Personal Insolvency Law, Regulation and Policy therefore provides a timely evaluation of the current state of English law in this important area. The volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of current policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy. The book will be a valuable guide for students and academics engaged in the study of this increasingly important branch of private law. The study will also be of value to practitioners and policy makers.

Insolvency Law

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Author :
Publisher : Psychology Press
ISBN 13 : 185941575X
Total Pages : 129 pages
Book Rating : 4.8/5 (594 download)

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Book Synopsis Insolvency Law by : Steven A. Frieze

Download or read book Insolvency Law written by Steven A. Frieze and published by Psychology Press. This book was released on 2001 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the law of insolvency as laid down by the Insolvency Act 1986. All forms of insolvency, including personal and corporate insolvency, liquidation, receivership and administration, are considered. A clear exposition of the procedures to be followed is provided and a considerable body of case law, in particular, around the areas of winding up procedures and voluntary arrangements, is incorporated.

Principles of Corporate Insolvency Law

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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.

The Law of Insolvency

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Author :
Publisher :
ISBN 13 :
Total Pages : 952 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Law of Insolvency by : Ian F. Fletcher

Download or read book The Law of Insolvency written by Ian F. Fletcher and published by . This book was released on 1996 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practitioner text provides a full and detailed treatment of both individual and corporate insolvency as governed by the Insolvency Act. It includes a section covering the international issues in insolvency cases. This edition brings the subject up to date, and covers all major developments in the law, such as the the impact of the Companies Act 1989, the Criminal Justice Act 1988, statutory instruments and case law, since publication of the last edition. Extra coverage is included on insolvent partnerships, and a new section on receivers is added.

Corporate Insolvency Law

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Author :
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199264872
Total Pages : 360 pages
Book Rating : 4.2/5 (648 download)

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Book Synopsis Corporate Insolvency Law by : Rizwaan Jameel Mokal

Download or read book Corporate Insolvency Law written by Rizwaan Jameel Mokal and published by Oxford University Press on Demand. This book was released on 2005 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticised on that basis. The author explains why consistency of principle must be sought and how it might be found in the relevant statutory and case law. He then constructs an egalitarian theory for the analysis of corporate insolvency law, based on the premise that all the parties affected by this law are to be treated as equals. He argues that this theory can reconcile the dictates of fairness with the demands of economic efficiency. The theory is employed to analyse some of the most important aspects of insolvency law. Why should the individualistic method of enforcing claims against solvent companies give way to a collective method during insolvency? Why are there different formal mechanisms for dealing with troubled companies? What role does the pari passu principle play in the distribution of an insolvent company s assets?The controversial issues of whether and when secured creditors should be accorded priority over others receive detailed consideration. The functional role of the floating charge and its relationship with receivership are also analysed in this context. The many questions relating to the operation of the new administration procedure introduced by the Enterprise Act 2002 are considered in the light of principle. The book also analyses the role of the wrongful trading provisions. It examines, finally, why insolvency law objects to certain transactions at an undervalue and those having a preferential effect. This volume aims to enhance understanding of this important branch of the law, and to suggest principled solutions to problems which have not yet received judicial attention.