Download or read book LAW OF RESTRUCTURING written by ROBERT. BOADLE and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law and Practice of Restructuring in the UK and US written by Shai Y. Waisman and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.
Download or read book Restructuring Trade Agreements written by Juscelino F. Colares and published by Kluwer Law International B.V.. This book was released on 2021-07-27 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: To avoid trade-bargain erosion, countries involved in large-scale, bilateral or regional trade arrangements must reconcile preserving close economic ties and supply chains with the need to dynamically adjust to new opportunities with other partners. Using the growing deterioration of the European Union-Turkey Customs Union as an illustration to a new model of trade-agreement restructuring, this well-researched and deeply insightful book outlines and demonstrates how this trade arrangement can be successfully renegotiated, thus providing expert practical guidance in a crucial area of trade law and policy that rarely receives the attention it deserves. The book's novel framework features a clearly articulated legal foundation, a transactional deployment strategy, and a sequential negotiating approach applicable to bilateral and regional trade arrangements whose original terms no longer reflect the changed capabilities and interests of at least one of its parties. The authors respond in detail to questions, such as: When should a country pursue bargain rebalancing? How should trade diplomats pursue renegotiation and/or new partnerships, legally and transactionally? Given that free trade agreements keep each country’s trade sovereignty mostly intact, under which circumstances should a country ever consider entering a customs union? How may free-trade agreements help countries address trade imbalances while enhancing supply chain resilience? What are the limits to WTO litigation as an effective market-barrier-opening tool? How should trade-agreement restructuring be deployed as a path to further trade liberalization? In-depth attention is paid to identifying and investigating trade arrangements that are ripe for renegotiation and assessing sources of domestic and external support for or against renegotiating such bargains. This book’s model of international trade-agreement restructuring fits well with emerging thinking on greater trade diversification and supply-chain resilience. The authors provide a clear, actionable approach for considering and conducting the renegotiation of trade deals. For these reasons, this book will be welcomed by trade lawyers, supply-chain executives, economists, government officials, and academics who are grappling with rising economic frictions in the fault lines of national sovereignty, economic interdependence, and the limits of current trade arrangements.
Download or read book Restructuring Law and Practice written by Chris Howard and published by Butterworths. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 'how-to' guide to restructuring, this book covers the practical aspects of out-of-court restructurings covering the consensual arena, examining the law and practice in a sustained and systematic way.
Download or read book Restructuring Review written by Christopher Mallon and published by Law Business Research Ltd.. This book was released on 2017-10-11 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Restructuring Review, edited by Christopher Mallon of Skadden, Arps, Slate, Meagher & Flom LLP, seeks to help general counsel, government agencies and private practice lawyers understand the conditions prevailing in the global restructuring market with a view to the coming year, and to highlight some of the more significant legal and commercial developments and trends that are expected to be significant in the future. As tensions in the Middle East, South East Asia and Russia remain unresolved, and the political implications of Brexit and mass immigration continue to be worked out in Europe and beyond, the realisation is dawning on many that a turn in the economic cycle may be approaching and that the severe economic crisis of 2008-9 may not be an isolated event. This book aims to outline the impact of developments like this on the global restructuring market, with in-depth looks at the issue from local experts in 28 jurisdictions. Contributors include: France - Joanna Gumpelson and Philippe Dubois, De Pardieu Brocas Maffei; Hong Kong - Tom Pugh, Mayer Brown JSM; Japan - Nobuaki Kobayashi and Yosuke Kanegae, - Nagashima Ohno & Tsunematsu; Netherlands - Paul Kuipers, Linklaters LLP; Singapore - Kenneth Lim, Allen & Gledhill LLP; Spain - Alberto Nunez-Lagos, Uria Menendez
Download or read book New Financing for Distressed Businesses in the Context of Business Restructuring Law written by Sanford U. Mba and published by Springer. This book was released on 2019-06-29 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the restructuring of distressed businesses, emphasizing the need for new financing during the restructuring process as well as during relaunch, and examines the role of law in encouraging creditor confidence and incentivizing lending. It describes two broad approaches to encouraging new finance during restructuring: a prescriptive one that seeks to attract credit using expressly defined statutory incentives, and a market-based one that relies on the business judgment of lenders against the backdrop of transaction avoidance rules. Securing new financing for a distressed business is a critical part of successful restructuring. Without such financing, the business may be unable to meet interim liquidity constraints, or to implement its restructuring plans. This book addresses related questions concerning the place of new financing as an essential component of restructuring. In general terms, the book explores how statutory interventions and the courts can provide support with contentious issues that arise from the provision of new financing, whether through new financing agreements or through distressed debt investors, who are increasingly gaining prominence as sources of new financing for distressed businesses. It argues that courts play a key part in preventing or correcting the imbalances that can arise from the participation of distressed debt investors. In this context, it critically examines the distressed debt market in emerging markets like Nigeria and the opportunity presented by non-performing loans, arguing that the regulatory pattern of market entry may dis-incentivize distress debt investing in a market that is in dire need of financing. The book offers a fresh and comparative perspective on restructuring new financing for distressed businesses by comparing various approaches (primarily from the US, UK and Germany) and drawing lessons for frontier markets, with particular reference to Nigeria. It fills an important gap in international comparative scholarship and discusses a living problem with both empirical and policy aspects.
Download or read book Restructuring Law and Practice Third Edition written by LexisNexis and published by Butterworths. This book was released on 2018-01-22 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the latest edition of the best practice bible for restructuring. No other book covers the practical aspects of out of court restructurings or looks at the law and practice in a sustained and systematic way. Restructuring Law and Practice brings a coherent and comprehensive approach to the complex practice of restructuring in the UK and beyond. The third edition is fully updated to cover all recent developments including the new market abuse regime, information and disclosure requirements and credit derivatives. There are three new chapters onproject financing and commodities restructuring, bond restructurings and liability management.* First and only commentary on the steps practitioners need to take in a restructuring* Practical, transactional focus* Walks readers through the practical steps of the transaction, warning what to look out for and advising re documents* Gives insights into the documentation and all the practical actions that need to be taken* Is written in such a way as to be of immense value to accountants, lawyers and bankers
Download or read book Insolvency and Restructuring Manual written by Simon Beale and published by Bloomsbury Publishing. This book was released on 2023-01-31 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: “...a comprehensive, well-structured guide for those dealing with insolvency and restructuring aspects on a regular basis.” German-British Chamber of Industry & Commerce* This manual examines the main formal processes involved in the world of corporate insolvency and restructuring such as liquidation, administration, receivership, company voluntary arrangements and schemes of arrangement. The Fourth Edition covers: - The Part 26A scheme of arrangement (or 'restructuring plan'), standalone moratorium and provisions for the protection of supplies introduced by the Corporate Insolvency and Governance Act 2020 - The regulations concerning disposals by an administrator to connected persons - The Supreme Court decision in BTI 2014 LLC vSequana S.A. and others clarifying when directors have a duty to creditors rather than shareholders - The legislative changes accompanying Brexit and other important developments in case law relating to cross-border matters - The use of special managers in complex compulsory liquidations as seen in the cases of Carillion, British Steel and Thomas Cook - The Pensions Schemes Act 2021 and its impact on the restructuring landscape This is an indispensable reference source for experienced practitioners and offers junior professionals, company directors and company secretaries a valuable introduction to the subject. *Review of a previous edition This title is included in Bloomsbury Professional's Insolvency Law online service.
Download or read book Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy written by Kashyap, Amit and published by IGI Global. This book was released on 2018-09-28 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.
Download or read book The European Restructuring Directive written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Download or read book Research Handbook on Corporate Restructuring written by Paul J. Omar and published by Edward Elgar Publishing. This book was released on 2021-08-10 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. Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area. Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.
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 Business Bankruptcy written by Adam J. Levitin and published by Aspen Publishing. This book was released on 2022-09-14 with total page 1221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Levitin’s Business Bankruptcy: Financial Restructuring and Modern Commercial Markets, Third Edition is a comprehensive textbook on business reorganization law, covering modern financing structures, out-of-court restructuring and Chapter 7 and Chapter 11 bankruptcy. Business Bankruptcy: Financial Restructuring and Modern Commercial Markets provides students with a contemporary stand-alone business bankruptcy text. Designed to teach financial restructuring law in a realistic twenty-first century commercial context, the book uses problem sets to explore not only Chapter 7 and 11 bankruptcy, but also out-of-court restructuring, modern financial products and transactions, and advanced in-court restructuring topics. New to the Third Edition: Coverage of Subchapter V small business reorganizations Expanded coverage of labor and pension issues Expanded coverage of sub rosa restructuring plans Expanded coverage of restructuring support agreements and rights offerings Revised coverage of fraudulent transfers Professors and students will benefit from: Unique coverage of out-of-court restructuring providing students with realistic view of contemporary restructuring practice and shows what Chapter 11 adds to the financial restructuring toolkit. Detailed coverage of modern financial products and markets— derivatives, securitization, loan syndications, and claims trading—familiarizing students with the dynamics of the modern restructuring landscape. Comprehensive expository text clearly explains the operation of the Bankruptcy Code and the policy issues involved. In-depth case-studies contextualizing judicial decisions within larger strategic picture. Incorporation of actual deal documents, including a bond indenture, a loan syndication agreement, ISDA Master Agreement, and a restructuring support agreement. Modular design enabling optional coverage of advanced topics.
Download or read book Out of Court Debt Restructuring written by The World Bank and published by World Bank Publications. This book was released on 2012-01-12 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a conceptual framework for the analysis of the questions of out-of-court debt restructuring from a policy-oriented perspective. The starting point of the analysis is given by the World Bank Principles for Effective Insolvency and Creditor Rights Systems. The study offers an overview of out-of-court restructuring, which is not seen as fundamentally opposed to formal insolvency procedures. Actually, the study contemplates different restructuring techniques as forming a continuum to the treatment of financial difficulties. Thus, from the purely contractual - or informal - arrangements for debt rescheduling between the debtor and its creditors, to the fully formal reorganization or liquidation procedures, there are numerous intermediate solutions. In the study, these solutions are identified by the terms of enhanced procedures -where the contractual arrangements are supported by norms or principles for workouts; and hybrid procedures -where the contractual arrangements are supported by the intervention of the courts or an administrative authority. The study discusses the advantages and disadvantages of all the debt restructuring techniques, and concludes, in this regard, that a legal system may contain a number of options - a menu - that can cover different sets of circumstances. In the end, the law may offer a toolbox with very different instruments that the parties may use depending on the specific facts of the case. A substantial part of the study is devoted to the analysis of the enabling regulatory environment for out-of-court restructuring. It is evident that debt restructuring does not operate in a vacuum: in fact, the general legal system influences and to a certain extent determines the possibilities for debt restructuring in any given jurisdiction. The study provides a checklist that can be used to examine the features of a legal system that bear a direct influence on debt restructuring activities. The different characteristics of informal restructurings, and of enhanced and hybrid debt restructurings are covered by the study. The different approaches to debt restructuring aim at combining the advantages of an informal approach with the advantages of formal procedures: especially, the existence of a moratorium on creditor actions and the binding effects of creditor agreements concluded within the insolvency process.
Download or read book Court Supervised Restructuring of Large Distressed Companies in Asia written by Wai Yee Wan and published by Bloomsbury Publishing. This book was released on 2022-07-28 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court's final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.
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 Corporate Reorganization Law and Forces of Change written by Sarah Paterson and published by Oxford University Press. This book was released on 2020-10-23 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate Reorganisation Law argues that corporate reorganisation law is seen by market participants as a tool they can mobilise and adapt according to practices, logics, and identities in the of the financial and non-financial corporate markets. Thus changes in market practice, in the participants in the process, or in how the participants view their objectives, can significantly change the ways in which corporate reorganisation law is mobilised and adapted, even if the law has not undergone any reform. This book argues that corporate reorganisation law cannot be evaluated using a theoretical model in isolation from the wider institutional context in which corporate reorganisation law is mobilised and adapted by the participants to the process. In establishing the new methodology, the book undertakes a detailed analysis of six key changes in market practice, logic and identities in the financial and non-financial corporate fields. A comparative US/UK approach is adopted in analysing both the process of institutional change and the implications for law. This provides a fascinating lens through which to see how different institutional environments in the financial and non-financial markets in different jurisdictions are drawing together, and interacting with very different legal systems which were adapted to the distinct, original institutional environments in which they were developed. From this analysis important lessons for legal harmonisation efforts in Europe and in non-European jurisdictions are drawn out. The work emphasises the need to look at formal legal rules in combination with other, non-legal and legal institutions and argues that current reform debates in both the US and UK have suffered because scholars, practitioners, and policy makers have not started their evaluation of the case for reform by placing corporate reorganisation law in this wider institutional context. The book aims to fill this gap, and to provide a methodological approach for the future.
