Download or read book Conflict of Laws in Insolvency Transaction Avoidance written by Look Chan Ho and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proliferation of rules aimed at the management of cross-border insolvencies has not been coupled with sufficient attention to the choice of law rules relating to the avoidance of antecedent transactions as legal acts detrimental to all the creditors. This article is the first of its kind in considering the current state of play under English choice of law rules in insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on extraterritorial application of domestic statutes, reflect the philosophical underpinnings of universalism and draw on the US conflicts experience.
Download or read book The Harmonisation of Transaction Avoidance in the EU written by Oriana Casasola and published by Edward Elgar Publishing. This book was released on 2023-08-14 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations.
Download or read book Avoidance of Antecedent Transactions and Cross border Insolvency written by and published by . This book was released on 2014 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transaction Avoidance in Insolvencies written by Rebecca Parry and published by Oxford University Press, USA. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws enabling the avoidance of transactions are an important and complex part of insolvency legislation. This book is the first to be solely devoted to this topic, enabling these powers to be examined in greater depth than has previously been possible. The book analyses these provisions, andrelated rules of common law and equity, in the context of both corporate and personal insolvency law.A wide range of practical issues are considered, including the link between transaction avoidance and director disqualification proceedings; the funding of the avoidance action; and evidence gathering. The extent to which other remedies, such as an action for misfeasance, can be pursued in additionto, or as an alternative, to proceedings under the transaction avoidance provisions is examined in detailIn the area of bankruptcy law particular attention is paid to pensions, the family home and divorce proceedings.The complicated issue of cross border transaction avoidance is considered in detail.The book also contains some important new arguments relating to the issue of entitlements to any sums recovered as a result of an avoidance action, setting out the existing law, as established in Re Yagerphone but arguing that this case does not sit easily with the provisions of the Insolvency Act1986.
Download or read book European Insolvency Law written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
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.
Download or read book Advanced Introduction to Cross Border Insolvency Law written by Reinhard Bork and published by Edward Elgar Publishing. This book was released on 2023-06-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Advanced Introduction to Cross-Border Insolvency Law provides a clear and concise overview of cross-border insolvency law with particular focus on the rules that govern insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them.
Download or read book Cross Border Insolvency Proceedings written by Remigijus Jokubauskas and published by Taylor & Francis. This book was released on 2024-04-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an analysis of the effectiveness of European Union cross-border insolvency proceedings. It provides a thorough assessment of the development of cross-border insolvency proceedings established in the Regulation on Insolvency Proceedings ((EU) 2015/848) and how they contribute to the general goals of the EU internal market. Insolvency law has not been subject to a global mandatory harmonization process, with no globally biding legal act. Instead, the landscape of international insolvency law is characterized by a patchwork of national laws that seek to accommodate cross-border insolvencies and soft law agreements. In the EU cross-border insolvency law holds significant importance in ensuring the smooth operation of the internal market. Fostering international investments and legal foreseeability in insolvency proceedings, it upholds the fundamental freedoms within EU law. This book covers the main elements of EU cross-border insolvency law, such as jurisdiction, applicable law, recognition and enforcement of judgments. It also focuses on previously unexplored areas, such as the exercise of creditors' rights in cross-border insolvency cases and the tracing and recovery of assets and discusses the application of the Restructuring and Insolvency Directive ((EU) 2019/1023) in relation to the rescue of viable companies and the discharge of debts for insolvent entrepreneurs. This book will be of interest to students and practitioners of insolvency law, EU law and private international law. It will also be useful for national legislators and EU institutions working on the development of EU insolvency law.
Download or read book The European Insolvency Regulation written by Miguel Virgos and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: After many years of negotiations among Member States, a uniform set of private international law rules has been established to determine the conduct of cross-border insolvency proceedings within the European Community. This is the European Insolvency Regulation of May 2000. Although each state still retains its own insolvency law, the regulation greatly reduces the risk of opportunistic behaviour by providing certainty as to which European courts have jurisdiction to open insolvency proceedings and which state?s laws apply, in addition to ensuring the cross-border effectiveness within the EU of the decisions handed down by those courts. This in-depth commentary offers practitioners in international business transactions and litigation a definitive guide to the workings of the Insolvency Regulation. The authors?one of whom co-wrote the official explanatory report on the 1995 Convention on Insolvency Proceedings, a report that still plays a fundamental hermeneutic role?leave no stone unturned in their probing analysis, which explains in detail such elements as the following: relationship with other community legal instruments and international conventions; territorial scope; substantive scope; third-party rights in rem and reservation of title; set-off; contracts relating to immovable property; employment contracts and relationships; payment systems and financial markets; community patents and trademarks; publication and registration; lodgement of claims; and special considerations affecting credit institutions and insurance undertakings. Company lawyers handling insolvency cases and issues will find nothing comparable to this expert work. Its direct practical usefulness is immediately apparent. In addition, however, it stands out as a preeminent work on a critical and hard-won legal instrument (and by extension on the entire field of European insolvency law) and as such is an essential resource for jurists and legal academics.
Download or read book Conflict of Laws Relating to Bankruptcy and the Liquidation of Companies and the Need for a Special Tribunal written by Edward Leslie Burgin and published by . This book was released on 1922 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transaction Avoidance in Insolvencies written by Rebecca Parry and published by Oxford University Press, USA. This book was released on 2018-03-15 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of Transaction Avoidance in Insolvencies considers all the possible ways in which a vulnerable transaction might be attacked, as well as practical issues that can arise in a typical transaction avoidance case. This new edition has been fully updated to reflect recent legislative amendments arising from the revision of the Insolvency Rules 1986, which came into force in 2017. The text also now incorporates an international dimension, which includes an analysis of the revised EU Regulation on Insolvency Proceedings. There is also.comprehensive coverage of important new case law. Written by a team of well-known specialists, Transaction Avoidance in Insolvencies provides a detailed account of this complex area from a practical perspective.
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
Download or read book Recasting the Insolvency Regulation written by Vesna Lazić and published by Springer Nature. This book was released on 2019-12-12 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation. Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor’s centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast. This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value./div Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam./div
Download or read book Principles of Cross border Insolvency Law written by Reinhard Bork and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis of this book is that cross-border insolvency rules of all kinds (e.g. European Insolvency Regulation, UNCITRAL Model Law, ALI Principles for the NAFTA States, national laws such as Chapter 15 US Bankruptcy Code or Sch. 1 Cross-Border Insolvency Regulation 2006) are founded on, and can be traced back to, basic values and that they aim to pursue and enforce such standards. Furthermore, several principles can be identified, distinguished and sorted into three groups: conflict of laws principles (e.g. unity, universality, equality, mutual trust, cooperation and communication, subsidiarity, proportionality), procedural principles (e.g. efficiency, transparency, predictability, procedural justice, priority) and substantive principles (e.g. equal treatment of creditors, optimal realisation of the debtor's assets, debtor protection, protection of trust (for secured creditors or contractual partners), social protection (for employees or tenants)). Using the principle-oriented approach, the book will have a significant impact for both deciding cases and shaping cross-border insolvency law. It offers both legislators and courts new substantive and methodological support in making decisions, for example where the treatment of secured creditors, support for foreign insolvency practitioners or even harmonisation of cross-border insolvency laws is at stake. About the author: Prof. Dr. Reinhard Bork holds the Chair in Civil Procedural Law at the University of Hamburg. He has been the Robert S. Campbell Visiting Fellow at Magdalen College, Oxford in 2010-2011 and 2015-2016. He is an experienced Court of Appeal Judge and arbitrator. 'The present book is clearly the product of massive and admirable research ... It is a major step forward in learning on the subject.' From the Foreword by Gabriel Moss QC' Professor Bork's important book identifies and systematically articulates a set of core foundational principles for cross-border insolvency law. His principled-based approach provides the basis for evaluating existing legal frameworks, such as the European Insolvency Regulation and the UNCITRAL Model Law, and for constructing a harmonized, transnational, normative order of insolvency law. Academics, law reformers, judges, and practitioners would be well advised to pay close attention to Professor Bork's excellent, clear-sighted and scholarly insights.' Adrian J. Walters, Ralph L. Brill Professor of Law, Chicago-Kent College of Law'[This book is] very interesting as a comprehensive survey of the major substantive and procedural principles governing the cross-border insolvency phenomenon.' Antonio Leandro, Associate Professor of International Law at the University of Bari Aldo Moro.
Download or read book Cross border Insolvency Law written by B. Wessels and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This very useful volume collects, for the first time in one source, all important international and regional legal instruments relating to insolvency of companies, financial institutions, and consumers, as well as to corporate rescue law. In addition to reproducing the complete texts of these instruments, the editor provides insightful commentary covering such important matters as the following: •key issues of each text •expected amendments and revisions •comparative analysis of instruments
Download or read book Transaction Avoidance in Insolvency Law Past Present and Future of the Actio Pauliana written by Sander Hendrix and published by . This book was released on 2019 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This books explores the possibilities of harmonisation of avoidance rules in insolvency at European Union level by way of a comparative and historical research. The following aspects of transaction avoidance are (historically) examined in particular: the acts subject to transaction avoidance provisions, the voidability of security rights, the conditions set for avoidance of an act, the existence and duration of a suspect period, the treatment of acts performed in favour of related persons of the debtor, the persons entitled to bring an avoidance action, the effects of avoidance regarding the litigious act and, lastly, the acts exempted from nullification.0The author first examines the transaction avoidance rules of the Netherlands and France as they stand after which the divergence (and convergence) between the rules of these states is assessed. In order to examine how this divergence came to be, the most notable developments of the provisions on transaction avoidance in insolvency are mapped out by the author. Post-classical Roman law forms the starting point of this research, followed by ancient Dutch and French law. Subsequently, the author describes the development of the practice of and provisions on transaction avoidance during the age of codification. Lastly, the provisions laid down in modern insolvency laws are touched upon. From the comparative-historical examination, the possibilities to harmonise transaction avoidance provisions are assessed. Finally, these possibilities are checked against the recommendations regarding transaction avoidance provisions of the UNCITRAL Legislative Guide on Insolvency Law.
Download or read book Principles of European Insolvency Law written by W. W. McBryde and published by . This book was released on 2005-01-01 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the past decades, many Member States of the European Union have introduced important new legislation in the field of insolvency law. Principles of European Insolvency Law tries to capture the common elements that national insolvency laws share and that make up the essence of insolvency proceedings in Europe. It makes a first, and, so far, unique attempt, to tackle an area of law which is of great commercial importance, but in which some might have thought it was too difficult to detect a European approach. Principles of European Insolvency Law looks to a future of more European integration in areas of commercial law and practice. They may serve as working material for further study, which could result in proposals for legislation on a supranational level. In the shorter term, the Principles will be of use in efforts to modernise national insolvency laws by serving as a 'European framework'. Taking account of the Principles in drafting reform proposals can lead to a greater conformity of new national legislation with the essence of European insolvency law.
