International Insolvency Law

International Insolvency Law PDF Author: Paul Omar
Publisher: Routledge
ISBN: 1351562355
Category : Law
Languages : en
Pages : 452

Get Book Here

Book Description
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.

International Insolvency Law

International Insolvency Law PDF Author: Paul Omar
Publisher: Routledge
ISBN: 1351562355
Category : Law
Languages : en
Pages : 452

Get Book Here

Book Description
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.

International Insolvency Law

International Insolvency Law PDF Author: Professor Paul Omar
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409466671
Category : Law
Languages : en
Pages : 725

Get Book Here

Book Description
International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.

Corporate Insolvency Law

Corporate Insolvency Law PDF Author: Vanessa Finch
Publisher: Cambridge University Press
ISBN: 1107039916
Category : Business & Economics
Languages : en
Pages : 839

Get Book Here

Book Description
A new and substantially revised edition which looks critically at the broad effect and conceptual underpinnings of corporate insolvency law.

The Future of Cross-Border Insolvency

The Future of Cross-Border Insolvency PDF Author: Irit Mevorach
Publisher: Oxford University Press
ISBN: 0191085731
Category : Law
Languages : en
Pages : 262

Get Book Here

Book Description
A fresh and insightful guide to post-financial crisis cross-border insolvency, this book interrogates the current regime and sets out a framework for improving its future. In recent decades, and especially since the global financial crisis, a number of important initiatives have focused on developing the mechanisms for managing the insolvency of multinational enterprises and financial institutions. The book considers the effectiveness of the current system and identifies the gaps that could be bridged by adopting certain strategies and tools, to improve the system further. The book first discusses the theoretical debate regarding cross-border insolvency and surveys the strengths and weaknesses of the prevailing method-modified universalism in its application to both commercial entities and financial institutions, consequently identifying a single set of emerging norms. The book argues that adhering to these norms more robustly would enhance global welfare and produce the best outcomes for businesses and institutions. By drawing upon sources from international law as well as behavioural and economic theory, the book offers a blueprint for meeting the demands of future cross-border insolvencies. It considers how to translate modified universalism into binding international law and how to choose the right instrument for cross-border insolvency as well as the impact that instrument design has on decisions and choices. It explores how to encourage compliance and proposes mechanisms that could potentially overcome, or at least take into account, behavioural biases in decision-making.

International Cooperation in Bankruptcy and Insolvency Matters

International Cooperation in Bankruptcy and Insolvency Matters PDF Author: Bob Wessels
Publisher: Oxford University Press
ISBN: 0199712859
Category : Law
Languages : en
Pages : 284

Get Book Here

Book Description
International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

Trustees at Work

Trustees at Work PDF Author: Anna Jane Samis Lund
Publisher: UBC Press
ISBN: 0774861444
Category : Law
Languages : en
Pages : 238

Get Book Here

Book Description
Mortgages, student loans, credit cards: debt is a ubiquitous component of daily life in Canada. But our attitudes toward debt, and the people who incur it, are complex. Trustees at Work explores the role bankruptcy trustees play in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. When debt becomes unmanageable, the bankruptcy and insolvency system provides relief – though not to everyone. The architects of the system have restricted access to this benefit by developing methods to distinguish deserving from undeserving debtors. The idea of a deserving debtor is woven throughout bankruptcy law, with debt relief being reserved for those debtors deemed deserving. The legislation and case law invite trustees to assess debtors based on their pre-bankruptcy choices, but in practice, trustees evaluate debtors based on how cooperative the debtors are during bankruptcy proceedings. Using insights from the sociology of emotion, Anna Jane Samis Lund reveals how carrying out emotional labour shapes an insolvency professional’s assessments of a debtor’s deservingness. Trustees at Work also includes interviews and statistical data to explain how the financial and emotional pressures of trustees’ work shape their decision-making process. Ultimately, it shows how insolvency trustees’ conceptions of a deserving debtor are shaped by the financial, legal, and emotional contexts in which they work.

Consumer Credit, Debt and Bankruptcy

Consumer Credit, Debt and Bankruptcy PDF Author: Johanna Niemi
Publisher: Bloomsbury Publishing
ISBN: 1847315224
Category : Law
Languages : en
Pages : 462

Get Book Here

Book Description
After a long period of prosperity and steady economic growth, the world's leading economies are now in crisis, and although there will be debate about its origins, the scale and seriousness of the crisis is in no doubt. There is also no doubt that excessive amounts of consumer credit, allied to a weak understanding of how globalised credit markets might react to a crisis, have played a significant part. This book, which is primarily about credit, debt and the trouble they have led to, is written by authors who have specialised in researching into over-indebtedness, that is, situations in which an individual's debt burden has become overwhelming. For these authors the plight of individuals is a primary concern, but the wider issue is how credit is used and how it changes societies. The essays in this volume, addressing topics which are fundamental to our understanding of the current crisis, range widely across the whole sector of consumer finance, including mortgages, 'credit-binges', the regulation of consumer lending, insolvency, repayment plans, debt counselling and much more besides. The conclusions drawn from the book are equally wide-ranging, but above all the lesson learned from these essays is that the financialisation of contemporary life ensures that issues of the appropriate role of credit remain of critical importance in society.

Corporate Financial Distress and Bankruptcy

Corporate Financial Distress and Bankruptcy PDF Author: Edward I. Altman
Publisher: John Wiley & Sons
ISBN: 1118046048
Category : Business & Economics
Languages : en
Pages : 314

Get Book Here

Book Description
A comprehensive look at the enormous growth and evolution of distressed debt, corporate bankruptcy, and credit risk default This Third Edition of the most authoritative finance book on the topic updates and expands its discussion of corporate distress and bankruptcy, as well as the related markets dealing with high-yield and distressed debt, and offers state-of-the-art analysis and research on the costs of bankruptcy, credit default prediction, the post-emergence period performance of bankrupt firms, and more.

Corporate Insolvency Law

Corporate Insolvency Law PDF Author: Vanessa Finch
Publisher: Cambridge University Press
ISBN: 9780521626859
Category : Business & Economics
Languages : en
Pages : 662

Get Book Here

Book Description
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.

The Embedded Firm

The Embedded Firm PDF Author: Cynthia A. Williams
Publisher: Cambridge University Press
ISBN: 1139499254
Category : Business & Economics
Languages : en
Pages : 499

Get Book Here

Book Description
The globalization of capital markets since the 1980s has been accompanied by a vigorous debate over the convergence of corporate governance standards around the world towards the shareholder model. But even before the financial and economic crisis of 2008/2009, the dominance of the shareholder model was challenged with regard to persisting divergences and national differences in corporate law, labor law and industrial relations. This collection explores this debate at an important crossroads, echoing Karl Polanyi's famous observation in 1944 of the disembeddedness of the market from society. Drawing on pertinent insights from scholars, practitioners and regulators in corporate and labor law, securities regulation as well as economic sociology and management theory, the contributions shed important light on the empirical effects on the economy of the shift to shareholder primacy, in light of a comprehensive reconsideration of the global context, policy goals and regulatory forms which characterize market governance today.