Download or read book Personal Insolvency Law Regulation and Policy written by David Milman and published by Routledge. This book was released on 2017-05-15 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the radical reforms contained in the Enterprise Act 2002 have come fully on-stream, Personal Insolvency Law has become a major focus of attention. At the same time, all evidence points to increasing levels of personal debt with the consequential rise in bankruptcies. Personal Insolvency Law, Regulation and Policy therefore provides a timely evaluation of the current state of English law in this important area. The volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of current policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy. The book will be a valuable guide for students and academics engaged in the study of this increasingly important branch of private law. The study will also be of value to practitioners and policy makers.
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 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 Corporate and Personal Insolvency Law written by Fiona Tolmie and published by Routledge. This book was released on 2013-03-04 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Personal Insolvency written by Professor of Business Communications Edward Bailey and published by . This book was released on 2011-04-01 with total page 1488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Schaw Miller and Bailey: Personal Insolvency - Law and Practice offers a full treatment of the law and procedure of bankruptcy and personal insolvency. This edition takes full account of legislative changes as well as developments in the case law. Commentary on the effect of bankruptcy on other areas of the law is included.Now in its fifth edition, this popular title continues to offer authoritative and practical guidance, including forms and precedents, on everything lawyers or insolvency practitioners practising in the field are likely to need in their day-to-day work.
Download or read book Personal Insolvency in the 21st Century written by Iain Ramsay and published by Bloomsbury Publishing. This book was released on 2017-05-04 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.
Download or read book Insolvency Law in East Asia written by Roman Tomasic and published by Ashgate Publishing, Ltd.. This book was released on 2006 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues, such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court based schemes of arrangement; winding up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy-makers working in the areas of comparative and commercial law.
Download or read book Personal Insolvency Law in Practice written by Steven A. Frieze and published by Sweet & Maxwell. This book was released on 2004 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new handbook expertly guides practitioners step-by-step through personal insolvency law, right from the pre-petition stage to appeals. It combines a succinct analysis of the law with a clear explanation of its practical application. Covering all the relevant topics, including bankruptcy, insolvent partnerships and Individual Voluntary Arrangements, it will prove an indispensable tool for lawyers and insolvency practitioners advising either creditors or debtors. * Up-to-date with key legislative provisions from the Insolvency Act 2000 and the Enterprise Act 2002 * Highly practical treatment, with examples and case studies throughout * Provides all relevant forms * Contains a useful list of all bankruptcy courts
Download or read book Personal Insolvency written by Edward Bailey and published by . This book was released on 2022-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate and Personal Insolvency Law written by Fiona Tolmie and published by Routledge. This book was released on 2013-03-04 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate and Personal Insolvency Law provides a basic framework of knowledge of the current legal rules and a comprehensive introduction to the underlying issues. It will be ideal for those studying insolvency at undergraduate or postgraduate level and for those studying professional examinations and practising in the area.
Download or read book Orderly and Effective Insolvency Procedures written by International Monetary Fund and published by International Monetary Fund. This book was released on 1999-08-02 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
Download or read book Introduction to Corporate and Personal Insolvency Law written by Fiona M. Tolmie and published by . This book was released on 1998-01-01 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is unusual in that it brings together both elements of insolvency - corporate and personal - to provide a coherent introduction to this vast and dynamic area of law. The text combines a succinct analysis of the substantive law with a clear explanation of how the law works in practice. At the same time it highlights key policy issues and areas where the law may be reformed in future.
Download or read book Personal Insolvency written by Christopher Berry and published by MICHIE. This book was released on 1993 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1st ed., 1987, published as : Bankruptcy : law and practice.
Download or read book The Personal Side of Harmonizing European Insolvency Law written by Jason J. Kilborn and published by . This book was released on 2016 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article advances detailed proposals for a European Personal Insolvency Directive as part of the European Commission's ongoing insolvency initiative. The Commission has been struggling with "soft" coordination of insolvency proceedings under the divergent national laws in the EU since 2000, and in 2012, it began taking steps toward substantive harmonization of these laws. A process firmly concentrated on business restructuring has recently expanded to personal insolvency writ large, including consumer debtors. On both business and personal procedures, the Commission has announced that a legislative instrument is forthcoming by the end of 2016. The process thus far, however, has involved relatively little discussion or consideration of the most salient issues unique to personal -- as opposed to business -- insolvency cases. This article seeks to fill that void by surveying in detail the most critical divergences in law and practice among existing European personal insolvency regimes, accentuated by several new laws adopted in 2015 and 2016. It then proposes several detailed principles and rules for harmonizing these divergent practices in light of consistent international best practice recommendations, the goals of modern personal insolvency regimes, and the goals the Commission has expressed for its initiative.
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.
Download or read book The Law and Economics of Creditor Protection written by Horst Eidenmüller and published by T.M.C. Asser Press. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents important contributions to the current debate on creditor protection in European company law. Reform of the European rules on creditor protection in company law is imminent. Academic work on both sides of the Atlantic shows a tendency that traditional mandatory rules should give way to individual solutions which are freely negotiated between creditors and corporate debtors. Recent judgments by the European Court of Justice have spurred regulatory competition between Member States and the incumbent system is being challenged by the Europe-wide introduction of the International Accounting Standards/International Financial Reporting Standards. Last but not least, the European Insolvency Regulation poses the question how company law and insolvency law shall be realigned in the future. Contributors to this book, which is based on the results of a symposium held in Munich in December 2005, include scholars who are currently working on reform projects in various Member States, leading experts in company law, insolvency law, accounting law, and economics. The manifold thoughts presented by these outstanding authors provide the reader with important insights and will not fail to inform and influence the current policy debate. As such, the book is an indispensable tool for all players in the field. Prof. Dr. Horst Eidenmüller is Professor of Private Law, German, European and International Company Law and Director of the Institute for International Law, Ludwig Maximilian University, Munich, Germany.Prof. Dr. Wolfgang Schön is Director of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Department of Accounting and Taxation, in Munich and Honorary Professor at the Ludwig Maximilian University, Munich, Germany.
Download or read book An Overview of the Legal Institutional and Regulatory Framework for Bank Insolvency written by International Monetary Fund. Monetary and Capital Markets Department and published by International Monetary Fund. This book was released on 2009-04-17 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
