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.

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.

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

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Author :
Publisher : International Monetary Fund
ISBN 13 : 1498336051
Total Pages : 77 pages
Book Rating : 4.4/5 (983 download)

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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.

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.

Creditor Treatment in Corporate Insolvency Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788971396
Total Pages : 211 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Creditor Treatment in Corporate Insolvency Law by : Kayode Akintola

Download or read book Creditor Treatment in Corporate Insolvency Law written by Kayode Akintola and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.

Insolvency Law Handbook

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Author :
Publisher :
ISBN 13 : 9781907698439
Total Pages : 0 pages
Book Rating : 4.6/5 (984 download)

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Book Synopsis Insolvency Law Handbook by : Vernon Dennis

Download or read book Insolvency Law Handbook written by Vernon Dennis and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Insolvency Law Handbook' is useful for professionals called upon to advise debtors faced with personal or corporate insolvency, or their creditors. It explains the insolvency process - looking at each of the various procedures in turn, highlighting the decisions to be made, the options available and the potential pitfalls.

Bankruptcy and Insolvency Law in Canada

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Author :
Publisher : Irwin Law
ISBN 13 : 9781552215173
Total Pages : 824 pages
Book Rating : 4.2/5 (151 download)

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Book Synopsis Bankruptcy and Insolvency Law in Canada by : Stephanie Ben-Ishai

Download or read book Bankruptcy and Insolvency Law in Canada written by Stephanie Ben-Ishai and published by Irwin Law. This book was released on 2019-08-12 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authored by leading experts from across the country, Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems reimagines the traditional casebook. It provides clear, accessible, and detailed textual commentary on the and presents problem-solving exercises to challenge students to do what lawyers are renowned for--provide solutions.

Legislative Guide on Insolvency Law

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Author :
Publisher : United Nations Publications
ISBN 13 : 9789211337365
Total Pages : 384 pages
Book Rating : 4.3/5 (373 download)

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Book Synopsis Legislative Guide on Insolvency Law by : United Nations Commission on International Trade Law

Download or read book Legislative Guide on Insolvency Law written by United Nations Commission on International Trade Law and published by United Nations Publications. This book was released on 2005 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004.

101 Questions Answered about Separating with Children

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Publisher :
ISBN 13 : 9781916431515
Total Pages : 0 pages
Book Rating : 4.4/5 (315 download)

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Book Synopsis 101 Questions Answered about Separating with Children by : Rebecca Giraud

Download or read book 101 Questions Answered about Separating with Children written by Rebecca Giraud and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Insolvency and Finance Law

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Author :
Publisher : Routledge
ISBN 13 : 100061090X
Total Pages : 118 pages
Book Rating : 4.0/5 (6 download)

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Book Synopsis International Insolvency and Finance Law by : Daniele D'Alvia

Download or read book International Insolvency and Finance Law written by Daniele D'Alvia and published by Routledge. This book was released on 2022-01-31 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.

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.

Bankruptcy Law in Context

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543817084
Total Pages : 685 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Bankruptcy Law in Context by : Theresa J. Pulley Radwan

Download or read book Bankruptcy Law in Context written by Theresa J. Pulley Radwan and published by Aspen Publishing. This book was released on 2020-02-02 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy Law in Context provides a fresh approach to the study of bankruptcy law through the illustration of bankruptcy issues in typical required doctrinal courses. Students learn the bankruptcy concepts by studying them in the context of materials they already mastered as part of their required law school curriculum. In addition, this title allows for a bankruptcy course to be taught as a capstone, providing a good summary and review of these foundational topics in the context of a body of law that frequently intersects with other areas of law. Key Features: An overview of fundamental doctrinal courses Problems at end of each chapter that build upon each other throughout the book Treatment of fundamental bankruptcy concepts within the context of other areas of law Professors and students will benefit from: A unique approach, that focuses not just on the bankruptcy code but on its interaction with other areas of the law. This appeals not only to students interested in bankruptcy practice, but also to students seeking a way to connect the law school curriculum or to review previously learned areas of law in preparation for the bar examination and practice A review of core doctrinal concepts An understanding of basic bankruptcy concepts Discussion of statutory interpretations throughout book Concluding problems to each chapter that bring together concepts

Research Handbook on Corporate Bankruptcy Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781007888
Total Pages : 456 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Research Handbook on Corporate Bankruptcy Law by : Barry E. Adler

Download or read book Research Handbook on Corporate Bankruptcy Law written by Barry E. Adler and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.

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.

Cross-Border Insolvency Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159959
Total Pages : 1042 pages
Book Rating : 4.0/5 (411 download)

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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.

UNCITRAL Practice Guide on Cross-border Insolvency Cooperation

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Author :
Publisher : United Nations Publications
ISBN 13 : 9789211336887
Total Pages : 0 pages
Book Rating : 4.3/5 (368 download)

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Book Synopsis UNCITRAL Practice Guide on Cross-border Insolvency Cooperation by :

Download or read book UNCITRAL Practice Guide on Cross-border Insolvency Cooperation written by and published by United Nations Publications. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.

International Insolvency Law

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Author :
Publisher : Routledge
ISBN 13 : 1351562355
Total Pages : 682 pages
Book Rating : 4.3/5 (515 download)

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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 682 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.