Download or read book Latin American Insolvency Systems written by Malcolm Rowat and published by World Bank Publications. This book was released on 1999 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Modern society has eliminated the inhumane debtors' prisons for handling the insolvent debtor and in their stead have enacted benign modern laws in the area of bankruptcy. Unscrupulous merchants now use these benign laws for fraudulent purposes." Based on case studies in Argentina, Brazil, Mexico, and Venezuela, this is the first publication to provide recommendations about the important legal and institutional issues that are involved in bankruptcy reform in a critical region of the global economy. The authors note that effective bankruptcy policy balances several requirements for the conduct of a stable, successful economy. For example, it might be in the greatest interests to all parties if a company is given an opportunity to restructure and make use of the scarce resources remaining in its possession. On the other hand, inefficient firms, especially those that have long survived only on state subsidies, may need to fail in order to free space in the market for more efficient, better-managed companies. Finally, there are the needs to enforce loan contracts and provide an equitable system of debt collection.
Download or read book Reforming Insolvency Systems in Latin America written by Malcolm Rowat and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The note shares conflicting interests hampering insolvency systems reform in Latin America, and aims at assessing legal weaknesses, to propose some common solutions. Most insolvency systems share two prime objectives: allocating risk among participants in the economy, in a predictable, equitable and transparent way, and, maximizing the value of the insolvent firm for the benefit of all interested parties, and the broader economy. However, current regional problems reflect too rigid and formal insolvency laws; very high degrees of judicial discretion, increasing uncertainty, and financial risks; rampant corruption; absence of enforcement mechanisms to protect creditor interests; and, a powerful, explicit bias in favor of labor claimants, who are highly protected under preferential treatment. The note proposes a common set of essential reforms, to be prioritized according to each county's circumstances. First, disclosure of behind-the-scene dealings should be required, incentives created to combat corruption, rules of conduct setup, and, insolvency professional associations fostered. Second, insolvency laws should clearly differentiate criminal, from bankruptcy issues, where criminal conduct should not preclude insolvency relief to a business in crisis. Third, bankruptcy proceedings demand rapid resolution, by specialized courts, under regional cooperation in cross-border insolvency cases.
Download or read book Inter American Insolvency written by and published by . This book was released on 2002 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Restructuring of Financial Systems in Latin America written by Alan Roe and published by . This book was released on 1990 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Latest Events on Cross Border Insolvency in Latin America written by Tomas M. Araya and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The paper analyzes two recent cases of Latin American companies which restructured their obligations pursuant to different approaches. The first one (Argentine company Multicanal) carried out its restructuring by filing a local proceeding in Argentina and concurrently a 304 proceeding before the U.S. courts. The second one (Colombian airline Avianca) chose to ignore its natural forum (Colombian courts) and filed directly a Chapter 11 proceeding before the U.S. courts. Several international issues arouse in both proceedings, which eventually ended successfully. The article briefly describes the main lessons from these cases and concludes on the urgent need for Latin American countries to adapt their local laws to the demands of the globalized world.
Download or read book Bankruptcy Law in Latin America written by Aloisio Araujo and published by . This book was released on 2013 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Bankruptcy Law in Latin ...
Download or read book Asian Insolvency Systems Closing the Implementation Gap written by OECD and published by OECD Publishing. This book was released on 2007-11-26 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: A conference proceedings that provides a regional and country perspective on Asian insolvency reform, including individual Asian country reports, and reports on broader international trends and developements.
Download or read book New Approaches to the Latin American Debt Crisis written by Jeffrey Sachs and published by . This book was released on 1989 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Latin American Entrepreneurs written by Daniel Lederman and published by World Bank Publications. This book was released on 2014 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Entrepreneurship -- manifested in the entry of new firms or products into new markets, or substantial improvements in technological capacity or process innovation by incumbent firms -- is widely considered to be an important ingredient for long term economic development. This report argues that entrepreneurship is also a source of employment generation, export growth, and resilience during economic downturns. Although the conventional wisdom suggests that Latin American and Caribbean countries underperform relative to China and other emerging markets in terms of its entrepreneurial dynamism, t.
Download or read book The IMF and the Latin American Debt Crisis written by Mr.James M. Boughton and published by International Monetary Fund. This book was released on 1994-10-10 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: The IMF played a key role in developing and implementing the debt strategy throughout the 1980s. That strategy not only overcame the crisis but also produced successful transformationsof several major economiesin Latin America. Nonetheless, the IMF's role has also been criticized on several grounds. This study examines seven such criticisms.
Download or read book The Oxford Handbook of Latin American Economics written by José Antonio Ocampo and published by Oxford University Press, USA. This book was released on 2011-07-28 with total page 959 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive overview of the key factors affecting the development of Latin American economies that examines long-term growth performance, macroeconomic issues, Latin American economies in the global context, technological and agricultural policies, and the evolution of labour markets, the education sector, and social security programmes.
Download or read book Debt and Crisis in Latin America written by Robert Devlin and published by . This book was released on 2016-04-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the causes of the acute Latin American debt crisis that began in mid-1982, North American analysts have typically focused on deficiencies in the debtor countries' economic policies and on shocks from the world economy. Much less emphasis has been placed on the role of the region's principal creditors--private banks--in the development of the crisis. Robert Devlin rounds out the story of Latin America's debt problem by demonstrating that the banks were an endogenous source of instability in the region's debt cycle, as they overexpanded on the upside and overcontracted on the downside. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Download or read book Doing Business 2020 written by World Bank and published by World Bank Publications. This book was released on 2019-11-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2020 measures aspects of regulation affecting 10 areas of everyday business activity.
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 288 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.
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 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 Reinventing Insolvency Law in Emerging Economies written by Aurelio Gurrea-Martínez and published by Cambridge University Press. This book was released on 2024-05-31 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.
