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Towards A Transnational Model Of Bankruptcy Law
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Book Synopsis Towards a Transnational Model of Bankruptcy Law? by : Cesare Cavallini
Download or read book Towards a Transnational Model of Bankruptcy Law? written by Cesare Cavallini and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a long time, the European insolvency laws have been considered as country-specific regulations, entirely focused on national needs and expectations. This perception depends on several factors. First, the debtor's financial distress tends to be systematic by naturally expanding its effects on other debtors operating in the same country. Second, the financial distress is often imbued with criminal liabilities that are unilaterally ruled by national legislators without interference of supranational legal sources. But the European Union (E.U.) law has gradually modified the approach to insolvency proceedings. The E.U. approach to the harmonization of national laws on insolvency proceedings has been twofold. Initially, the E.U. legislature has directly imposed to Member States some general rules to favor the coordination and cooperation between two or more cross-border insolvency proceedings opened in different Member States. Recently, the approach is significantly changed. The E.U. Directive No. 1023 of 2019 establishes a new legal model of restructuring plan for debtors in financial distress (“preventive restructuring framework”) and requires Member States to adequate their national laws to the model within next years.Accordingly, several European legislation are changing their rules on restructuring proceedings in accordance with the E.U. model. The change is extremely relevant for several reasons. First, it shows that the new approach to insolvency law is aimed at equalizing and standardizing European legislation on insolvency proceedings. Second, it promotes a crucial role for creditors in restructuring bankruptcy by providing that they are not only entitled to submit a plan on behalf of their debtor, but also empowered to formulate a plan under which the debts can be paid in relation to the creditors' financial conditions. When the E.U. law emphasizes the role played by creditors, it seems to reflect an innovative opinion in the recent American legal debate on bankruptcy. The New Creditors' Bargain Theory suggests a broad understanding of the creditors' power in determining and approving a restructuring plan under Chapter 11. The E.U. law similarly accords significant powers to creditors - especially to those who are financially weak or vulnerable - in restructuring proceedings. The article examines the relationship between the New Creditors Bargain Theory and the new E.U. law on preventive restructuring frameworks. By comparing the U.S. legal theory with the E.U. legal rules, the analysis brings a transnational model of bankruptcy law to the forefront.
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 Transnational Insolvency by : Francisco Satiro
Download or read book Transnational Insolvency written by Francisco Satiro and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this article is to analyze cross-border insolvency as an example of "transnational law", in the sense of law developed by economic and social actors and despite the existence of formal regulation. This informal law-making process is analyzed in the context of the now extinct Section 304 of the U.S. Bankruptcy Code; of the cooperation protocols entered into courts in different countries following the Maxwell precedent; and of the rules provided for in the UNCITRAL Model Law on Cross-Border Insolvency and in the EU Regulation on Insolvency Proceedings.
Book Synopsis International Insolvency Law by : Elina Moustaira
Download or read book International Insolvency Law written by Elina Moustaira and published by Springer. This book was released on 2018-12-31 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.
Book Synopsis International Bankruptcy by : Jodie Adams Kirshner
Download or read book International Bankruptcy written by Jodie Adams Kirshner and published by University of Chicago Press. This book was released on 2018-05-10 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.
Book Synopsis The Law of Transnational Business Transactions by : Ved P. Nanda
Download or read book The Law of Transnational Business Transactions written by Ved P. Nanda and published by . This book was released on 2003 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transnational Insolvency Project, International Statement of United States Bankruptcy Law by : American Law Institute
Download or read book Transnational Insolvency Project, International Statement of United States Bankruptcy Law written by American Law Institute and published by . This book was released on 1996 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transnational Insolvency Project by : American Law Institute
Download or read book Transnational Insolvency Project written by American Law Institute and published by . This book was released on 1997 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Bankruptcy Around the World by : Stijn Claessens
Download or read book Bankruptcy Around the World written by Stijn Claessens and published by World Bank Publications. This book was released on 2002 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transnational Protocols: a Cooperative Tool for Managing Cross-border Insolvency by : Daniele Vattermoli
Download or read book Transnational Protocols: a Cooperative Tool for Managing Cross-border Insolvency written by Daniele Vattermoli and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of International Insolvencies and Debt Restructurings by : James R. Silkenat (jurist.)
Download or read book The Law of International Insolvencies and Debt Restructurings written by James R. Silkenat (jurist.) and published by . This book was released on 2006 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past several years, there have been an unprecedented number of insolvencies and restructurings of multinational corporations, both inside and outside of traditional bankruptcy proceedings. The Law of International Insolvencies and Debt Restructurings is the first treatise to analyze the newly created doctrines of law and procedure that have developed as insolvencies and restructurings have become increasingly international in character and now frequently involve the laws of numerous jurisdictions. Leading attorneys address developments in bankruptcy and insolvency laws in the countries that have become the focal points for legal proceedings, including the United States, Mexico, England, Spain, Italy, Argentina, Brazil, China, France, Japan, and Canada. Essential topics in the law of international restructuring and insolvency are also explored in depth, including national legislation and procedures, treaties and cooperation agreements, sovereign debt litigation, and inter-creditor relationships. Coverage includes: - Methods of restructuring multinational corporate and sovereign debt - Judicial bankruptcy proceedings - Rights of creditors - Jurisdiction and venue - European Council Regulations - Choice of Law - Dispute resolution - Access by foreign parties to U.S. bankruptcy courts
Book Synopsis Transnational Insolvency Project by :
Download or read book Transnational Insolvency Project written by and published by . This book was released on 1995 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Current Problems and Trends in the Administration of Transnational Insolvencies Involving Enterprise Groups by : Anthony Vincenzo Sexton
Download or read book Current Problems and Trends in the Administration of Transnational Insolvencies Involving Enterprise Groups written by Anthony Vincenzo Sexton and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: That commerce has become international in scope is a fact known to all in the legal community. Many large companies now have operating subsidiaries in a large number of countries, and those countries have radically different legal regimes. The law of insolvency is no different, and the law of insolvency is particularly motivated by any individual jurisdiction's policy preferences on the relationship between debtors and creditors. But when international enterprise groups go bust, domestic bankruptcy law is insufficiently adapted to handle the private international law issues that are implicated. While there have been efforts in recent years to bring harmony to the chaos, it is increasingly clear that the current framework cannot adequately address the problems encountered by transnational enterprise groups. This Article explores the current framework, and proposes sensible first steps to address the framework's shortcomings.
Book Synopsis Transnational Insolvency Project, International Statement of United States Bankruptcy Law by :
Download or read book Transnational Insolvency Project, International Statement of United States Bankruptcy Law written by and published by . This book was released on 1996 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Statement of United States Bankruptcy Law by : Transnational Insolvency Project
Download or read book International Statement of United States Bankruptcy Law written by Transnational Insolvency Project and published by . This book was released on 1996 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Insolvency Law by : Bob Wessels
Download or read book International Insolvency Law written by Bob Wessels and published by Kluwer Law International. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Insolvency Law by Professor Bob Wessels provides a comprehensive overview of the relevant issues regarding cross-border insolvency matters. The book is a translated, revised and augmented edition of the Dutch book `Internationaal insolventierecht¿, which appeared in 2003, and is to serve as a handbook for insolvency practitioners. it focuses on the (regional) developments of treaties and on `soft law¿ and `best practice¿ recommendations published by organisations like IMF, World Bank and INSOL International. This is followed by an overview of the current Dutch International Insolvency Law. Also thoroughly discussed is the UNCITRAL Model Law on Cross-Border Insolvency, including comments on Chapter 15 of the United States Bankruptcy Code, In force since October 2005, And The draft of the English Cross-Border Insolvency Regulations 2006. The fourth chapter covers an elaborate analysis of the EU Insolvency Regulations, including 150 cases from ten jurisdictions together with foreign literature. The book contains an observation on the development of the future international insolvency laws, An extensive bibliography and a list of relevant websites
Book Synopsis Transnational Bankruptcy Under International Law by : Zhao Yanjun
Download or read book Transnational Bankruptcy Under International Law written by Zhao Yanjun and published by . This book was released on 2022-07-02 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: after reading the legislation of today's transnational bankruptcy laws, most of these countries set out from the principle of national sovereignty and build transnational bankruptcy laws on the basis of fully considering their own interests. Therefore, the international transnational bankruptcy cases have caused constant conflicts in judicial procedures. In view of this, from the perspective of transnational bankruptcy law system, this dissertation makes reasonable use of different research and comparison methods to make recommendations for transnational bankruptcy law.
