Download or read book Re Examining Insolvency Law and Theory written by Emilie Ghio and published by Edward Elgar Publishing. This book was released on 2023-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges. Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice. Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.
Download or read book Re examining Insolvency Law and Theory written by Emilie Ghio and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.
Download or read book Insolvency Law written by Harry Rajak and published by . This book was released on 1993 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: The worldwide depression of the 1990s, coupled with the reforms to insolvency law in the UK, has brought about the need for a better understanding of the way in which the insolvency process operates. A critique on insolvency law, this book relates that analysis to the real issues faced by practitioners who deal with domestic or foreign cases. Subjects covered in the volume are wide-ranging and include personal insolvency and family law; retention of title; cross-border issues; and rescue of insolvent companies. The examination of the last of these areas brings together the approaches of several jurisdictions outside the UK to the issues of when insolvent companies or those heading for insolvency should be saved from liquidation. As an example, knowledge of the procedure for company rescue under Chapter 11 of the US Bankruptcy Code is essential if a practitioner is to advise on the problems of collapse of a multi-national conglomerate. This collection of papers was originally presented as part of the W.G. Hart Workshop on Insolvency Law given at the Institute of Advanced Legal Studies in July 1991. The papers have been edited and updated to form this work on the operation of the insolvency process in the UK and abroad.
Download or read book Corporate Insolvency Law written by Rizwaan Jameel Mokal and published by Oxford University Press on Demand. This book was released on 2005 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticised on that basis. The author explains why consistency of principle must be sought and how it might be found in the relevant statutory and case law. He then constructs an egalitarian theory for the analysis of corporate insolvency law, based on the premise that all the parties affected by this law are to be treated as equals. He argues that this theory can reconcile the dictates of fairness with the demands of economic efficiency. The theory is employed to analyse some of the most important aspects of insolvency law. Why should the individualistic method of enforcing claims against solvent companies give way to a collective method during insolvency? Why are there different formal mechanisms for dealing with troubled companies? What role does the pari passu principle play in the distribution of an insolvent company s assets?The controversial issues of whether and when secured creditors should be accorded priority over others receive detailed consideration. The functional role of the floating charge and its relationship with receivership are also analysed in this context. The many questions relating to the operation of the new administration procedure introduced by the Enterprise Act 2002 are considered in the light of principle. The book also analyses the role of the wrongful trading provisions. It examines, finally, why insolvency law objects to certain transactions at an undervalue and those having a preferential effect. This volume aims to enhance understanding of this important branch of the law, and to suggest principled solutions to problems which have not yet received judicial attention.
Download or read book Corporate Insolvency Law written by Vanessa Finch and published by . This book was released on 2014-05-14 with total page 919 pages. Available in PDF, EPUB and Kindle. Book excerpt: A 2009 critical examination of corporate insolvency law theory and practice as encountered in the new worlds of rescue and debt trading.
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 Company Directors Responsibilities to Creditors written by Andrew Keay and published by Routledge. This book was released on 2007-03-12 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pt. A. Introduction -- pt. B. Fraudulent trading -- pt. C. Wrongful trading -- pt. D. A duty to consider the interests of creditors -- pt. E. Theoretical analysis.
Download or read book Re Examining the History of the Russian Economy written by Jeffrey K. Hass and published by Springer. This book was released on 2018-06-14 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the application of field theory (patterns of interaction) to Russian economic history, and how social and political fields mediate the influences of institutions, structures, discourses and ideologies in the creation and dissemination of economic thinking, theory and practice. Using focused cases on Russia's economy from the mid-nineteenth century to the present, Hass and co-authors expand the empirical basis of field studies to provide new material on Russian economic history. The cases are divided into two complementary halves: i) The role of fields of institutions, discourses, and structures in the development of Russian economic thought, especially economic theories and discourses; and ii) The role of fields in the real adoption and implementation of policies in Soviet and Russian economic history. With developed discussion of fields and field theory, this book moves beyond sociology to demonstrate to other disciplines the relation of fields and field theory to other frameworks and methodological considerations for field analysis, as well as providing new empirical insights and narratives not as well-known abroad.
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 Accessing Capital Markets through Securitization written by Frank J. Fabozzi and published by John Wiley & Sons. This book was released on 2001-05-02 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative collection, written by securitization professionalsand edited by finance guru Frank Fabozzi, thoroughly explains thebasics and the mechanics of securitization and shows howsecuritization can help more institutions offer innovativefixed-income products. Further, it discusses the effects of the capital markets onsecuritization and helps financial professionals decide whether ornot to securitize. Filled with strategies and techniques, financialprofessionals will learn how to use float asset-backed offeringsand how to hedge against risk and default.
Download or read book A Treatise on the Bankruptcy Law of the United States written by Harold Remington and published by . This book was released on 1908 with total page 1394 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Recasting the Insolvency Regulation written by Vesna Lazić and published by Springer Nature. This book was released on 2019-12-12 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book comprises contributions relating to the Insolvency Regulation Recast,which recently entered into force. The authors analyse the changes introduced andgive their views on the improvements that are thereby achieved. In other words, theyassess to what extent the amendments have mitigated the disadvantages of the previousInsolvency Regulation. Three of the chapters concentrate on the issues pertaining to jurisdiction, such asthe problem of forum shopping by re-locating the debtor’s centre of main interests.Furthermore, the extent to which the parties have the freedom to contract withinthe framework of the Insolvency Regulation Recast is discussed. Also, the relevanceand consequences of recent developments in corporate law for the current crossborderinsolvency framework, as well as the jurisdictional issues concerning approvalrequirements are amongst the matters addressed. Aside from the jurisdictional matters,the question of the law applicable to so-called ‘avoidance actions’ is analysed and crossbordercooperation between national authorities in the field of insolvency is touchedupon. To conclude, this book covers a range of specific and intriguing topics broughtup by the Insolvency Regulations Recast. This third volume in the Short Studies in Private International Law Series is primarilyaimed at legal academics dealing with cross-border insolvency, but it will also proveuseful to insolvency judges and practitioners, as well as those specialised in financialand fiscal law. Finally, advanced students as well as those with a general interest ininsolvency law will also find it of added value./div Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute and Associate Professorof Private Law at Utrecht University in The Netherlands. Steven Stuij is an expert inprivate international law and PhD Candidate at the Erasmus School of Law, Rotterdam./div
Download or read book Transaction Avoidance in Insolvency Law Past Present and Future of the Actio Pauliana written by Sander Hendrix and published by . This book was released on 2019 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: This books explores the possibilities of harmonisation of avoidance rules in insolvency at European Union level by way of a comparative and historical research. The following aspects of transaction avoidance are (historically) examined in particular: the acts subject to transaction avoidance provisions, the voidability of security rights, the conditions set for avoidance of an act, the existence and duration of a suspect period, the treatment of acts performed in favour of related persons of the debtor, the persons entitled to bring an avoidance action, the effects of avoidance regarding the litigious act and, lastly, the acts exempted from nullification.0The author first examines the transaction avoidance rules of the Netherlands and France as they stand after which the divergence (and convergence) between the rules of these states is assessed. In order to examine how this divergence came to be, the most notable developments of the provisions on transaction avoidance in insolvency are mapped out by the author. Post-classical Roman law forms the starting point of this research, followed by ancient Dutch and French law. Subsequently, the author describes the development of the practice of and provisions on transaction avoidance during the age of codification. Lastly, the provisions laid down in modern insolvency laws are touched upon. From the comparative-historical examination, the possibilities to harmonise transaction avoidance provisions are assessed. Finally, these possibilities are checked against the recommendations regarding transaction avoidance provisions of the UNCITRAL Legislative Guide on Insolvency Law.
Download or read book Principles of Corporate Insolvency Law written by Roy Goode and published by . This book was released on 2011 with total page 1081 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explores in depth the fundamental principles of corporate insolvency law and the many conceptual and analytical problems posed by the legislation and offers both theoretical and practical solutions.
Download or read book Transaction Avoidance in Insolvencies written by Rebecca Parry and published by Oxford University Press, USA. This book was released on 2001 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Laws enabling the avoidance of transactions are an important and complex part of insolvency legislation. This book is the first to be solely devoted to this topic, enabling these powers to be examined in greater depth than has previously been possible. The book analyses these provisions, andrelated rules of common law and equity, in the context of both corporate and personal insolvency law.A wide range of practical issues are considered, including the link between transaction avoidance and director disqualification proceedings; the funding of the avoidance action; and evidence gathering. The extent to which other remedies, such as an action for misfeasance, can be pursued in additionto, or as an alternative, to proceedings under the transaction avoidance provisions is examined in detailIn the area of bankruptcy law particular attention is paid to pensions, the family home and divorce proceedings.The complicated issue of cross border transaction avoidance is considered in detail.The book also contains some important new arguments relating to the issue of entitlements to any sums recovered as a result of an avoidance action, setting out the existing law, as established in Re Yagerphone but arguing that this case does not sit easily with the provisions of the Insolvency Act1986.
Download or read book The Logic and Limits of Bankruptcy Law written by Thomas H. Jackson and published by Beard Books. This book was released on 2001 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A careful analysis of the fundamentals of bankruptcy law.
