Download or read book The Law of Debtors and Creditors written by Elizabeth Warren and published by Little Brown GBR. This book was released on 1991 with total page 936 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Debtors and Creditors in America written by Peter J. Coleman and published by Beard Books. This book was released on 1999 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.
Download or read book Strategies for Creditors in Bankruptcy Proceedings written by Lynn M. LoPucki and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Creditors and Debtors Practice in Florida written by Florida Bar, Continuing Legal Education Staff and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Creditors written by August Strindberg and published by Faber & Faber. This book was released on 2014-12-18 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anxiously awaiting the return of his new wife, Adolph finds solace in the words of a stranger. But comfort soon turns to destruction as old wounds are opened, insecurities are laid bare and former debts are settled. Regarded as Strindberg's most mature work, Creditors is a darkly comic tale of obsession, honour and revenge. David Greig's version premiered at the Donmar Warehouse, London, in September 2008.
Download or read book Debtor creditor written by Steve H. Nickles and published by West Academic Publishing. This book was released on 2009 with total page 1348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book comprehensively reintroduces creditors' remedies and debtors' rights under state and federal, nonbankruptcy law. The coverage: includes commercial and consumer debt transactions; spans the full range of both new and traditional means of judicial and private enforcement; explores modern arrangements for structuring debt and security; focuses consistently on the core issues of defining who is liable for the debt and who has what rights in what property; and probes how debtor-creditor law applies and adapts, by public or private law, to modern transactional forms and circumstances and also to contemporary attitudes about the proper balance of debtors' and creditors' interests. The text will support almost anything the professor wants to teach. The book is designed and arranged so that its many discrete topics and materials stand alone and allow a professor to easily select and arrange its content to exactly fit courses of va
Download or read book Rescue written by Janis Pearl Sarra and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Covenants and Third Party Creditors written by Daniela Matri and published by Springer. This book was released on 2017-10-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest. After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that banks disregard third-party creditors’ interests. These findings are then interpreted with the tools of economic analysis; particularly, with the concept of common pool resources (CPRs). Around the aggregated value of the debtor company’s asset pool (as CPR) exists an n-person prisoner’s dilemma between banks and third-party creditors: No creditor knows when and under what conditions the other creditor will appropriate funds from the debtor company’s asset pool. This coordination problem is traditionally addressed by means of bankruptcy law and collaterals. However, the incentive structure that surrounds the bilateral private governance system created by covenants and an event of default clause (a CPR private governance system) is found to also be capable of tackling this problem. Moreover, the interaction between the different regulation spheres – bankruptcy law, collateral and the CPR private governance system − has important implications for both the aforementioned discussions as well as the legal treatment of covenants and event of default clauses. Covenants alone cannot be seen as an alternative to institutional regulation; the complete CPR private governance system and its interaction with institutional regulation must also be taken into consideration. In addition, their function must first find more acceptance and respect in the legal treatment of covenants and event of default clauses: The CPR private governance system fills a gap in the regulation of the tragedy of the commons by bankruptcy law and collateral. This has particularly important implications for the German § 138 BGB, § 826 BGB and ad hoc duties to disclose insider information.
Download or read book Company Directors Responsibilities to Creditors written by Andrew Keay and published by Routledge. This book was released on 2007-03-12 with total page 726 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.
Download or read book Raise the Debt written by Jonas B. Bunte and published by Oxford University Press. This book was released on 2019-01-29 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Credit is the lifeblood of capitalism and development. Brazil, Russia, India, and China-also called BRICs-have become important creditors to developing countries. However, how will their loans affect economic development and democracy in recipient countries? We need to understand why governments accept Chinese over Western loan offers before we can predict their likely consequences. In Raise the Debt, Jonas B. Bunte systematically explains how governments choose among competing loan offers. Using statistical analyses and extensive interview data, he shows that the strings attached to loans vary across creditors. Consequently, one domestic interest group may benefit from Chinese credit but not U.S. loans, while the opposite is the case for other groups. Bunte provides evidence that governments cater to whichever domestic interest group is politically dominant when deciding between competing loan offers. Combining a comparative politics approach with international political economy methods, Raise the Debt shows how a deeper understanding of governments' borrowing decisions is critical for gaining insights into how these loans could impact growth and democracy on a global scale.
Download or read book Effective Enforcement of Creditors Rights written by Masahisa Deguchi and published by Springer. This book was released on 2022-11-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.
Download or read book Creditor Rights and the Public Interest written by Janis Pearl Sarra and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Download or read book Debtor creditor Law and Practice written by William Houston Brown and published by . This book was released on 1998 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Debt Collector s Handbook written by David J. Cook and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winning your case in court is only half the battle. It's a fact that some people hide their assets to avoid paying debts and judgments. This truly unique book will show you how to find and reach that hidden money. Author David J. Cook is a veteran collections attorney who has been chasing down debtors for over 39 years. This colorfully written book will teach you the basics of civil remedies, real estate, finance, and sleuthing. The author outlines for you the power of the bluff and the outer parameters of threat, when a threat becomes extortion, and when you need to walk away from a situation. This book is about collecting debts, finding assets, enforcing judgments against difficult people, or, should you be so inclined, beating out your creditors.
Download or read book Bankruptcy and Debtor creditor written by Brian A. Blum and published by Aspen Publishers. This book was released on 1999 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recommended with confidence by law professors across the country, BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations enters its Second Edition helping students Understand The many rules, principles, and policies of bankruptcy and debtor/creditor law. Author Brian Blum draws on his own teaching experiences to respond to student needs. Adhering to a proven-effective format, he begins with basic concepts, then gradually introduces more advanced issues. Demystifying debtor/credit law and facilitating comprehension, The book promotes effective study through: exceptionally clear writing organization that tracks the leading casebooks problems and answers that allow students to test their understanding BANKRUPTCY AND DEBTOR/CREDITOR: Examples & Explanations, Second Edition, now incorporates: updated text and new examples that reflect changes in the Bankruptcy Code the latest developments in debt adjustment and reorganization, support obligation in bankruptcy, and bankruptcy discharge new material on jury trials reorganized problems and answers - answers no longer immediately follow the problems more streamlined material with a sharper, tighter focus on the essential topics
Download or read book General Assignments for the Benefit of Creditors written by Geoffrey L. Berman and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Assignments for the benefit of creditors--or "ABCs"--Have evolved from small cases with claims of under $1 million to the dot-com implosion and now into a much more commonplace tool used for the expedited sales of assets, similar to [section] 363 sales under the Bankruptcy Code. The underlying principle, however, remains the same: using a neutral fiduciary to marshal, inventory and liquidate a debtor's assets in a manner that should maximize value for stakeholders. State legislatures across the country are reviewing and in many instances revising their laws governing ABCs and receiverships. Coupled with the increased use of Delaware Courts of Chancery for ABC cases, there has been an increase in court decisions about ABCs. This Fifth Edition of General Assignments for the Benefit of Creditors: The ABCs of ABCs addresses these changes and issues for insolvency practitioners to be knowledgeable about when considering the use of the ABC alternative"--Publisher's website
Download or read book Baird s Practical Guide to the Companies Creditors Arrangement Act written by David E. Baird and published by Thomson Carswell. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author's autobiographical approach, based on 50 years of practicing bankruptcy and insolvency law, furnishes the reader with a detailed outline of how a restructuring under the Companies’ Creditors Arrangement Act (the "CCAA") is planned and implemented. It includes sample precedents and genuine documents from real-life restructurings such as Air Canada, Algoma Steel, and Nortel."--pub. desc.
