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Proposed Recommendations For The Reform Of Chapter 11 Us Bankruptcy Code
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Book Synopsis Proposed Recommendations for the Reform of Chapter 11 U.S. Bankruptcy Code by : Roelf Jakob de Weijs
Download or read book Proposed Recommendations for the Reform of Chapter 11 U.S. Bankruptcy Code written by Roelf Jakob de Weijs and published by . This book was released on 2015 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US Bankruptcy Code's chapter 11 procedure is both in practice and conceptually the most important insolvency procedure worldwide. Many countries, including the Netherlands, look at Chapter 11 for inspiration in revising their own insolvency laws. Chapter 11 is, however, itself up for revision. On December 4, 2014, the American Bankruptcy Institute (ABI) issued breaking news for the restructuring and insolvency community in the USA when it presented its Final Report and Recommendations on the Reform of Chapter 11. This article discusses the most principled recommendations that will also be of the most relevance for legislatures and policy makers drawing inspiration from Chapter 11. First of all, the recommendation is discussed for introducing the figure of a so called 'estate neutral' as a supplement to the debtor in possession model. Secondly, the introduction of significant restrictions on 363 sales; selling all or nearly of the assets. Restrictions deal both with timing and creditor involvement. As a third recommendation, we single out the introduction of a so-called 'redemption option'. This option seeks to restore in part the balance between secured and unsecured creditors by giving 'the immediate out of the money creditors' a claim on encumbered assets equal to a redemption option. Finally, most novel and most interesting from a company law perspective, is the introduction of an Equity Retention Plan for Small and Medium sized Enterprises (SME's). The plan seeks to strike a balance between protecting the statutory order of distributions which would normally prevent a distribution to shareholders on the one hand and providing an incentive to shareholders necessary for the successful reorganisation of the company to remain involved on the other. This recommendation thereby provides an exception to the Absolute Priority rule, which usually has as the effect of wiping shareholders out in case of insolvency.
Book Synopsis International Contributions to the Reform of Chapter 11 U.S. Bankruptcy Code by : B. Wessels
Download or read book International Contributions to the Reform of Chapter 11 U.S. Bankruptcy Code written by B. Wessels and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chapter 11 U.S. Bankruptcy Code has served the U.S. economy for over 35 years in providing possibilities for the reorganization of failing companies. Since its inception in 1978, Chapter 11 has also functioned as a source of inspiration for other countries around the world. At a global level, there is now a strong convergence towards a more rescue-oriented approach to business failure. After 35 years, Chapter 11 itself is up for a structural reform. This book is the result of a truly global collaboration of leading practitioners and academics from 13 jurisdictions. It provides a comparative law input on the current initiative of the American Bankruptcy Institute (ABI) to reform the Chapter 11 U.S. Bankruptcy Code. Because of the targeted approach of answering specific questions formulated by ABI from the viewpoint of the selected jurisdictions, the book contains a structured and in-depth overview of different legal systems on specific topics not to be found elsewhere. It details how recurrent topics in any reorganization procedure are dealt with, most notably: governance in insolvency * the financing of companies in a reorganization procedure (DIP-finance) * the use of surcharges in sales of encumbered assets * the status of IP licences in insolvency * claims trading * rules on adopting a reorganization plan. The book provides a unique insight into the current state of affairs of reorganization laws across the globe. Contributions are included from Austria, Australia, Belgium, Canada, France, Germany, Italy, Japan, the Netherlands, the People's Republic of China, South Africa, and Spain. Furthermore, a highly accessible overview of the current revision process of Chapter 11 is included. *** Librarians: ebook available on ProQuest and EBSCO (Series: European and International Insolvency Law Studies - Vol. 2) [Subject: U.S. Law, Business Law, Commercial Law, Finance Law, Insolvency Law, Comparative Law]
Book Synopsis Resource Materials by : J. Ronald Trost
Download or read book Resource Materials written by J. Ronald Trost and published by . This book was released on 1978 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Report of the National Bankruptcy Review Commission by : National Bankruptcy Review Commission (U.S.)
Download or read book Report of the National Bankruptcy Review Commission written by National Bankruptcy Review Commission (U.S.) and published by . This book was released on 1997 with total page 1344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reorganizations Under Chapter 11 of the Bankruptcy Code by : Richard F. Broude
Download or read book Reorganizations Under Chapter 11 of the Bankruptcy Code written by Richard F. Broude and published by Law Journal Press. This book was released on 2023-12-28 with total page 1314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool. It contains a thorough discussion of Chapter 11 law and practice, including significant changes in: exclusivity; key employee retention plans; pre-petition severance pay; the debtor's ability to retain turnaround specialists; conversion and dismissal of cases; the obligation of creditors' committees to share information with members of the constituencies; and the way in which small business and single-asset real estate cases are conducted. This authoritative volume also brings you legal analysis and practical guidance on such subjects as: bankruptcy court jurisdiction; voluntary and involuntary petitions; creditors' committees; managing and operating the debtor and its business, including obtaining post-petition financing; treatment of secured creditors; dealing with executory contracts and unexpired leases; filing and allowance of proofs of claims and interests; the content, modification and confirmation of plans of reorganization, including a discussion of how claims may be classified; the effect of plan confirmation; and post-confirmation appeals and plan consummation. Reorganizations Under Chapter 11 of the Bankruptcy Code will keep you current on the latest statutory and regulatory developments while briefing you on the often conflicting decisions handed down by the courts
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts Publisher : ISBN 13 : Total Pages :152 pages Book Rating :4.:/5 (318 download)
Book Synopsis Could Bankruptcy Reform Help Preserve Small Business Jobs? by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts
Download or read book Could Bankruptcy Reform Help Preserve Small Business Jobs? written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Administrative Oversight and the Courts and published by . This book was released on 2010 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bankruptcy, the Next Twenty Years by : National Bankruptcy Review Commission (U.S.)
Download or read book Bankruptcy, the Next Twenty Years written by National Bankruptcy Review Commission (U.S.) and published by . This book was released on 1997 with total page 1350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Bankruptcy Primer by : Robin Jeweler
Download or read book A Bankruptcy Primer written by Robin Jeweler and published by . This book was released on 1999 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Debt's Dominion by : David A. Skeel Jr.
Download or read book Debt's Dominion written by David A. Skeel Jr. and published by Princeton University Press. This book was released on 2014-04-24 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Book Synopsis Making Failure Feasible by : Thomas H. Jackson
Download or read book Making Failure Feasible written by Thomas H. Jackson and published by Hoover Press. This book was released on 2015-10-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2012, building off work first published in 2010, the Resolution Project proposed that a new Chapter 14 be added to the Bankruptcy Code, exclusively designed to deal with the reorganization or liquidation of the nation's large financial institutions. In Making Failure Feasible, the contributors expand on their proposal to improve the prospect that our largest financial institutions—particularly with prebankruptcy planning—could be successfully reorganized or liquidated pursuant to the rule of law and, in doing so, both make resolution planning pursuant to Title I of Dodd-Frank more fruitful and make reliance on administrative proceedings pursuant to Title II of Dodd-Frank largely unnecessary. This book highlights the problems of dealing with large financial institutions in distress, and Chapter 14's responses to those twin issues. The contributors first outline the basic features of Chapter 14 and point to their continuation as well as additional features to ensure the quick resolution of large financial institutions that would not depend on government discretion and would mesh with emerging ideas about cross-border resolution. The remaining chapters provide the context for reform and show how Chapter 14, as envisioned in this book, would be a substantial advance on administrative-focused resolution procedures.
Book Synopsis Handbook for Chapter 7 Trustees by :
Download or read book Handbook for Chapter 7 Trustees written by and published by . This book was released on 2001 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transplanting Chapter 11 of the US Bankruptcy Code Into Singapore's Restructuring and Insolvency Laws by : Gerard McCormack
Download or read book Transplanting Chapter 11 of the US Bankruptcy Code Into Singapore's Restructuring and Insolvency Laws written by Gerard McCormack and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2017, Singapore introduced wide-ranging reforms to its insolvency and restructuring laws with a view to enhancing its attractiveness as an international centre for debt restructuring. Central to these reforms is the transplantation (with modification) of certain provisions from Chapter 11 of the US Bankruptcy Code including the automatic moratorium, cross-creditor cram-down, rescue financing and prepacks. Drawing upon the US experience and similar reform proposals in the EU (including the UK), we critically evaluate the impact of the new Singapore law. We argue that there remain challenges in ensuring that the transplantation works well and highlight the possible unintended consequences of such transplantation.
Book Synopsis United States Code by : United States
Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Book Synopsis General Orders and Forms in Bankruptcy by : United States. Supreme Court
Download or read book General Orders and Forms in Bankruptcy written by United States. Supreme Court and published by . This book was released on 1898 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis The Economics of Bankruptcy Reform by : Philippe Aghion
Download or read book The Economics of Bankruptcy Reform written by Philippe Aghion and published by . This book was released on 1992 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.
Book Synopsis Business Bankruptcy by : Elizabeth Warren
Download or read book Business Bankruptcy written by Elizabeth Warren and published by . This book was released on 1993 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
