Baird's Practical Guide to the Companies' Creditors Arrangement Act PDF Download
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Author: David E. Baird
Publisher: Thomson Carswell
ISBN: 9780779822454
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
The author's autobiographical approach, based on 50 years of practicing bankruptcy and insolvency law, furnishes the reader with a detailed outline of how a restructuring under the Companies’ Creditors Arrangement Act (the "CCAA") is planned and implemented. It includes sample precedents and genuine documents from real-life restructurings such as Air Canada, Algoma Steel, and Nortel."--pub. desc.
Author: David E. Baird
Publisher: Thomson Carswell
ISBN: 9780779822454
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
The author's autobiographical approach, based on 50 years of practicing bankruptcy and insolvency law, furnishes the reader with a detailed outline of how a restructuring under the Companies’ Creditors Arrangement Act (the "CCAA") is planned and implemented. It includes sample precedents and genuine documents from real-life restructurings such as Air Canada, Algoma Steel, and Nortel."--pub. desc.
Author: Peter J. Coleman
Publisher: Beard Books
ISBN: 189312214X
Category : Business & Economics
Languages : en
Pages : 322
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Book Description
Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.
Author: Elizabeth Warren
Publisher: Little Brown GBR
ISBN:
Category : Law
Languages : en
Pages : 936
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Book Description
Author: August Strindberg
Publisher: Faber & Faber
ISBN: 0571319130
Category : Performing Arts
Languages : en
Pages : 82
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Book Description
Anxiously awaiting the return of his new wife, Adolph finds solace in the words of a stranger. But comfort soon turns to destruction as old wounds are opened, insecurities are laid bare and former debts are settled. Regarded as Strindberg's most mature work, Creditors is a darkly comic tale of obsession, honour and revenge. David Greig's version premiered at the Donmar Warehouse, London, in September 2008.
Author: Florida Bar, Continuing Legal Education Staff
Publisher:
ISBN: 9781630449841
Category : Debtor and creditor
Languages : en
Pages :
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Book Description
Author: Mary Eschelbach Hansen
Publisher: University of Chicago Press
ISBN: 022667973X
Category : Business & Economics
Languages : en
Pages : 237
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Book Description
In 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.
Author: Daniela Matri
Publisher: Springer
ISBN: 3319620363
Category : Law
Languages : en
Pages : 270
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Book Description
This book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest. After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that banks disregard third-party creditors’ interests. These findings are then interpreted with the tools of economic analysis; particularly, with the concept of common pool resources (CPRs). Around the aggregated value of the debtor company’s asset pool (as CPR) exists an n-person prisoner’s dilemma between banks and third-party creditors: No creditor knows when and under what conditions the other creditor will appropriate funds from the debtor company’s asset pool. This coordination problem is traditionally addressed by means of bankruptcy law and collaterals. However, the incentive structure that surrounds the bilateral private governance system created by covenants and an event of default clause (a CPR private governance system) is found to also be capable of tackling this problem. Moreover, the interaction between the different regulation spheres – bankruptcy law, collateral and the CPR private governance system − has important implications for both the aforementioned discussions as well as the legal treatment of covenants and event of default clauses. Covenants alone cannot be seen as an alternative to institutional regulation; the complete CPR private governance system and its interaction with institutional regulation must also be taken into consideration. In addition, their function must first find more acceptance and respect in the legal treatment of covenants and event of default clauses: The CPR private governance system fills a gap in the regulation of the tragedy of the commons by bankruptcy law and collateral. This has particularly important implications for the German § 138 BGB, § 826 BGB and ad hoc duties to disclose insider information.
Author: Andrew Keay
Publisher: Routledge
ISBN: 1135390339
Category : Law
Languages : en
Pages : 726
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Book Description
This timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.
Author: Geoffrey L. Berman
Publisher:
ISBN: 9781944516772
Category : Assignments for benefit of creditors
Languages : en
Pages : 0
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Book Description
"Assignments for the benefit of creditors--or "ABCs"--Have evolved from small cases with claims of under $1 million to the dot-com implosion and now into a much more commonplace tool used for the expedited sales of assets, similar to [section] 363 sales under the Bankruptcy Code. The underlying principle, however, remains the same: using a neutral fiduciary to marshal, inventory and liquidate a debtor's assets in a manner that should maximize value for stakeholders. State legislatures across the country are reviewing and in many instances revising their laws governing ABCs and receiverships. Coupled with the increased use of Delaware Courts of Chancery for ABC cases, there has been an increase in court decisions about ABCs. This Fifth Edition of General Assignments for the Benefit of Creditors: The ABCs of ABCs addresses these changes and issues for insolvency practitioners to be knowledgeable about when considering the use of the ABC alternative"--Publisher's website
Author: Steve H. Nickles
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1348
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Book Description
This unique book comprehensively reintroduces creditors' remedies and debtors' rights under state and federal, nonbankruptcy law. The coverage: includes commercial and consumer debt transactions; spans the full range of both new and traditional means of judicial and private enforcement; explores modern arrangements for structuring debt and security; focuses consistently on the core issues of defining who is liable for the debt and who has what rights in what property; and probes how debtor-creditor law applies and adapts, by public or private law, to modern transactional forms and circumstances and also to contemporary attitudes about the proper balance of debtors' and creditors' interests. The text will support almost anything the professor wants to teach. The book is designed and arranged so that its many discrete topics and materials stand alone and allow a professor to easily select and arrange its content to exactly fit courses of va
