Download or read book Corporate Rescue Procedures in France written by Anker Sorensen and published by Springer. This book was released on 1996-11-08 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide for decision makers in companies considering doing business and maybe going bankrupt in France, and for lawyers who advise them on insolvency and corporate rescue procedures. Offers a detailed analysis of all major issues in law and practice, including the new regime for corporate voluntary agreements, the relative rights of creditors and their debtor, the take-over and rescue of insolvent companies, the liabilities of directors, and the new European Insolvency Conventions. Includes tables of statutory materials and caselaw, and appendices with details on legislation, timetables, and procedural formalities. Annotation copyrighted by Book News, Inc., Portland, OR

Download or read book Corporate Rescue written by Katarzyna Gromek Broc and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many years, The functioning of the single European market has made it easy for companies to establish themselves and do business throughout the European Union¿unless, that is, they failed. In that case, until recently, a company became subject To The insolvency laws of each individual country. The divergence among these laws seemed far beyond the possibility of harmonisation. During the last few years, however, a twofold development is bringing relief. First, thanks To The European Regulation on Insolvency And The UNCITRAL Model Insolvency Laws, jurisdictional issues can be resolved and determined in cases where more than one country is affected by the insolvency of a particular enterprise. Second¿and far more promising¿stated EU policy goals urging a convergence in thinking on substantive insolvency issues at the Member State level are bearing fruit in reforms that abandon extreme or unusual features and open more common ground. Spearheading these reforms are statutory corporate insolvency procedures that offer an alternative to liquidation¿procedures grouped under the heading of corporate rescue. In this book eleven outstanding European insolvency law specialists, representing both practitioners and academics, investigate significant changes in corporate rescue laws that have either already been implemented or that are on the law reform agenda. The essays include expert analyses and evaluations of corporate rescue laws in each of six EU Member States¿France, Germany, Italy, Spain, Sweden, And The United Kingdom¿as well as insightful discussions of the broader European context. Because corporate rescue is the lifeblood of insolvency law, it is likely to be this aspect that has the greatest role to play in the economic and social development of the European Union. For this reason¿and because of the obvious beneficial value of corporate rescue in ensuring fair treatment of creditors and protection of debtors, As well as in reducing the level of stigma attached to insolvency¿Corporate Rescue in Europe will be valued by company lawyers and law firms throughout Europe, and in particular to those handling bankruptcy and insolvency proceedings.

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.

Download or read book The Insolvency Review written by Donald S. Bernstein and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Research Handbook on Corporate Restructuring written by Omar, Paul J. and published by Edward Elgar Publishing. This book was released on 2021-08-27 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.

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.

Download or read book European Corporate Insolvency Law written by Alexandra Kastrinou and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The thesis focuses on European corporate insolvency law by reference to the laws as developed of three different jurisdictions, namely France, Greece and the United Kingdom. The thesis is aimed at providing an analysis of the insolvency laws of the three jurisdictions, while the main focus is on the corporate rescue mechanisms that are available in the three jurisdictions. Although the thesis provides an overview of the historical background of the insolvency law regime in each of the three jurisdictions, it, particularly, focuses on reforms introduced within the last decade, namely from the early 2000s. The key concern of this research is to provide an account of the similarities of and differences between the French, Greek and the United Kingdom?s insolvency laws and with the use of comparative law to identify the strengths and weaknesses of each system and to assess the effectiveness of the reforms recently introduced in each jurisdiction. Although the thesis acknowledges the evolution of convergence between the insolvency law regimes of the three jurisdictions, it does not aspire to propose substantive harmonisation of cross-border insolvency. Furthermore, the thesis offers a conceptual analysis of the legal concept of corporate rescue, and identifies the underlying factors in relation to the insolvency and rescue laws of the three jurisdictions, such as their social, political and legal cultures. Additionally, the thesis provides an analysis of the role of certain key?actors? which are affecting the outcome of rescue proceedings, such as the management of a distressed company, the courts, insolvency practitioners and creditors. The consideration of such contextual factors enables one not only to identify and understand the differences between the rescue laws of each jurisdiction but also to assess the influence of the insolvency laws of other jurisdictions, such as the United States, on the shaping of a corporate rescue culture in the three European states. By way of consideration of the wider European context the thesis also discusses the European Regulation on Insolvency Proceedings. This Regulation is of note as an indicator of European Union policy, which has been to harmonise conflict of laws procedures but to leave the member states to develop for themselves insolvency procedures that they consider to be most suitable.

Download or read book Corporate Rescue written by Katarzyna Gromek Broc and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is primarily to corporate rescue procedures and reforms adopted at the domestic level that this book is devoted. Individual chapters--each written by an expert or team of experts from the country under scrutiny--consider recent developments and prospects for the future in: China, Cyprus, England and Wales, France, Germany, Greece, Hong Kong, Hungary, Italy, New Zealand, Poland, South Africa, Spain and the United States. These countries were chosen because they reflect different stages of development in corporate rescue laws. Some have mature systems in their second or third stages of revision; some have relatively antiquated systems that have been inherited from, or modelled on, the laws of another jurisdiction; and some are transitional economies where the concept of corporate rescue is comparatively new. A final chapter covers important issues stemming from conflict of laws and supranational models and guidelines

Download or read book Corporate Rescue written by Rebecca Parry and published by . This book was released on 2008 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Corporate Rescue serves as a comprehensive and user-friendly guide to the rescue of insolvent companies and businesses. It offers an in-depth analysis of relevant case law and legislation and provides you with the tools you need to advise successfully in this area of law."--BOOK JACKET.

Download or read book Corporate Rescue Law an Anglo American Perspective written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . a highly readable and informative text and an excellent addition to insolvency scholarship. . . In their entirety, the chapters of Corporate Rescue Law An Anglo-American Perspective represent one of the most incisive and relevant treatments of comparative insolvency regimes to date. . . This book is an absolute boon: it provides the reader with a mass of legal and practical insights into the workings of two ostensibly divergent systems and challenges received wisdom in a fluent and persuasive manner. Not only are legal differences examined through the lens of practice, but also commercial, philosophical and social responses to failure are considered and highlighted as possible drivers of those real distinctions that do exist. Professor McCormack has produced an exceptional work that should be required reading for academics, practitioners and policy makers alike, and is to be warmly congratulated. Sandra Frisby, Banking and Finance Law Review The issues are well chosen. They are easily the most important aspects of any corporate rescue law. The careful analysis of the technical provisions, the incorporation of the extensive scholarship on the two corporate rescue regimes and the reference to practice in the real world all help to make these chapters an indispensable tool for any scholar wishing to gain a better understanding of the similarities and differences of English and American corporate rescue laws. . . This monograph could not have come at a better time. . . The comparative account in this book will help law reformers, judges and scholars to have a better grasp of the issues and appreciate better how the two systems have dealt with them. . . Comparative law has a critical role to play in promoting mutual understanding and respect. It is hoped that this monograph will help in that respect. Wee Meng Seng, Singapore Journal of Legal Studies This book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is pro-debtor and UK law is pro-creditor , and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights. Integrating theoretical and practical insights, this book will be of great interest to academics and practitioners, and also to policymakers in the DTI, Insolvency Service and regulatory bodies.

Download or read book Rescue of Business in Europe written by European Law Institute and published by Oxford University Press, USA. This book was released on 2020-02-16 with total page 1505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.

Download or read book Executory Contracts in Insolvency Law written by Jason Chuah and published by Edward Elgar Publishing. This book was released on 2019 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.

Download or read book Executory Contracts in Insolvency Law written by Jason Chuah and published by Edward Elgar Publishing. This book was released on 2023-01-20 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.

Download or read book Handbook of Public Policy in Europe written by H. Compston and published by Springer. This book was released on 2004-10-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Handbook of Public Policy in Europe provides an invaluable overview of the content of public policy across the full range of policy areas in Britain, France and Germany. It is designed to be used by students, experts and practitioners both to help compare public policy across different policy areas and countries and as a source of information on individual policy areas. Each chapter describes the nature of public policy in a particular area, makes detailed comparisons of selected aspects and outlines recent developments. Detailed Internet references are also provided.

Download or read book Towards a Reorganisation System for Sovereign Debt written by Holger Schier and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insolvency of sovereign debtors is a virtually timeless phenomenon and yet the existing international financial architecture does not provide any legal framework to deal with this issue. Following an overview of the main proposals as to how to bridge this gap, this study analyses the extent to which public international law can be used as a source for the establishment of a reorganisation system for sovereign debt. While there is no adequate customary international law relating to sovereign insolvencies, reference can instead be made to the growing body of general principles of law. This is illustrated by a comparison of the systems of corporate financial reorganisation in insolvency in six representatively selected countries - Argentina, England, France, Germany, Indonesia and the U.S. Due to the inherent lack of enforceability with regard to sovereign debtors, in order to be able to provide a basis for a reorganisation system for sovereign debt, these principles need to be complemented with a compliance control mechanism. This study suggests how such a system could be constructed and implemented.

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.

Download or read book The Law and Practice on Disaster Issues written by Bamgbose, Oluyemisi A. and published by Safari Books Ltd. This book was released on 2018-02-20 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice on Disaster Issues is the first and major publication in Nigeria to present legal materials from diverse fields of Law in a single value on disaster issues. The contributors are from universities in Nigeria, the UK and South Africa. The book contains fourteen chapters covering areas such as Disaster and International Law and law in Nigeria; Rights of Children in Disaster Management; Protecting Reproductive and Sexual Health Rights; Dealing with Corporate Failures in Times of Economic Crisis; Disability and Disaster Management; The Tort of Cattle Trespass in Nigeria; Averting a Looming Disaster; and Resettlement in Disaster Affected Areas.