Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 64
Book Description
Making Failure Feasible
Author: Thomas H. Jackson
Publisher: Hoover Press
ISBN: 0817918868
Category : Political Science
Languages : en
Pages : 267
Book Description
In 2012, building off work first published in 2010, the Resolution Project proposed that a new Chapter 14 be added to the Bankruptcy Code, exclusively designed to deal with the reorganization or liquidation of the nation's large financial institutions. In Making Failure Feasible, the contributors expand on their proposal to improve the prospect that our largest financial institutions—particularly with prebankruptcy planning—could be successfully reorganized or liquidated pursuant to the rule of law and, in doing so, both make resolution planning pursuant to Title I of Dodd-Frank more fruitful and make reliance on administrative proceedings pursuant to Title II of Dodd-Frank largely unnecessary. This book highlights the problems of dealing with large financial institutions in distress, and Chapter 14's responses to those twin issues. The contributors first outline the basic features of Chapter 14 and point to their continuation as well as additional features to ensure the quick resolution of large financial institutions that would not depend on government discretion and would mesh with emerging ideas about cross-border resolution. The remaining chapters provide the context for reform and show how Chapter 14, as envisioned in this book, would be a substantial advance on administrative-focused resolution procedures.
Publisher: Hoover Press
ISBN: 0817918868
Category : Political Science
Languages : en
Pages : 267
Book Description
In 2012, building off work first published in 2010, the Resolution Project proposed that a new Chapter 14 be added to the Bankruptcy Code, exclusively designed to deal with the reorganization or liquidation of the nation's large financial institutions. In Making Failure Feasible, the contributors expand on their proposal to improve the prospect that our largest financial institutions—particularly with prebankruptcy planning—could be successfully reorganized or liquidated pursuant to the rule of law and, in doing so, both make resolution planning pursuant to Title I of Dodd-Frank more fruitful and make reliance on administrative proceedings pursuant to Title II of Dodd-Frank largely unnecessary. This book highlights the problems of dealing with large financial institutions in distress, and Chapter 14's responses to those twin issues. The contributors first outline the basic features of Chapter 14 and point to their continuation as well as additional features to ensure the quick resolution of large financial institutions that would not depend on government discretion and would mesh with emerging ideas about cross-border resolution. The remaining chapters provide the context for reform and show how Chapter 14, as envisioned in this book, would be a substantial advance on administrative-focused resolution procedures.
H.R. 1667
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Regulatory Reform, Commercial and Antitrust Law
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 64
Book Description
Publisher:
ISBN:
Category : Banking law
Languages : en
Pages : 64
Book Description
Business Bankruptcy
Author: Adam J. Levitin
Publisher: Aspen Publishing
ISBN: 1543802842
Category : Law
Languages : en
Pages : 1279
Book Description
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 Second Edition: Clear thematic structure emphasizing the limitations on out-of-court restructuring and how bankruptcy attempts to address those limitations Reorganized chapter flow tracking traditional order of bankruptcy topics Substantially condensed text through elimination of extra cases and statutory excerpts Updated problem sets, including coverage of privacy issues in bankruptcy sales and capstone strategic issues Expanded coverage of out-of-court restructuring New chapters providing overview of bankruptcy process and summary comparing issues in out-of-court and in-court restructuring Professors and students will benefit from: Unique coverage of out-of-court restructuring providing students with realistic view of contemporary restructuring practice and showing 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 explaining the operation of the Bankruptcy Code and the policy issues involved In-depth case-studies contextualizing judicial decisions within the 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
Publisher: Aspen Publishing
ISBN: 1543802842
Category : Law
Languages : en
Pages : 1279
Book Description
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 Second Edition: Clear thematic structure emphasizing the limitations on out-of-court restructuring and how bankruptcy attempts to address those limitations Reorganized chapter flow tracking traditional order of bankruptcy topics Substantially condensed text through elimination of extra cases and statutory excerpts Updated problem sets, including coverage of privacy issues in bankruptcy sales and capstone strategic issues Expanded coverage of out-of-court restructuring New chapters providing overview of bankruptcy process and summary comparing issues in out-of-court and in-court restructuring Professors and students will benefit from: Unique coverage of out-of-court restructuring providing students with realistic view of contemporary restructuring practice and showing 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 explaining the operation of the Bankruptcy Code and the policy issues involved In-depth case-studies contextualizing judicial decisions within the 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
Financial Institutions in Distress
Author: Associate Professor Emeritus Ronald Davis
Publisher: Oxford University Press
ISBN: 0192882511
Category : Law
Languages : en
Pages : 465
Book Description
Political boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs. Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deployed may be unwise, and other such projects can suffer from unforeseen circumstances. As a result of such factors, a financial institution may suffer distress in one country, and may then transmit such distress to other countries in which it operates. The efficacy of any response to such cross-border transmission of distress may turn on the response being given due effect in both (or all) the territories in which the distressed financial institution operates. This situation creates a conundrum for policymakers, legislators, and regulators who wish to enable those subject to their jurisdiction to access the benefits of cross-border financial intermediation, yet cannot make rules and regulations that would have effect outside that jurisdiction. This book explores this conundrum and offers a response. It does so by drawing on and adding to the literatures on financial intermediation, regulation, and distress, and on existing hard and soft laws and regulations. The book advocates for the creation of a model law that would address the full range of financial institutions, including insurance companies, and that would enable relevant authorities to cooperate with counterparts in advance of the onset of distress and to give appropriate effect in their jurisdiction to measures taken by counterpart authorities in other jurisdictions in which the distressed institution also operates.
Publisher: Oxford University Press
ISBN: 0192882511
Category : Law
Languages : en
Pages : 465
Book Description
Political boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs. Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deployed may be unwise, and other such projects can suffer from unforeseen circumstances. As a result of such factors, a financial institution may suffer distress in one country, and may then transmit such distress to other countries in which it operates. The efficacy of any response to such cross-border transmission of distress may turn on the response being given due effect in both (or all) the territories in which the distressed financial institution operates. This situation creates a conundrum for policymakers, legislators, and regulators who wish to enable those subject to their jurisdiction to access the benefits of cross-border financial intermediation, yet cannot make rules and regulations that would have effect outside that jurisdiction. This book explores this conundrum and offers a response. It does so by drawing on and adding to the literatures on financial intermediation, regulation, and distress, and on existing hard and soft laws and regulations. The book advocates for the creation of a model law that would address the full range of financial institutions, including insurance companies, and that would enable relevant authorities to cooperate with counterparts in advance of the onset of distress and to give appropriate effect in their jurisdiction to measures taken by counterpart authorities in other jurisdictions in which the distressed institution also operates.
Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Crisis and Response
Author: Federal Deposit Insurance Corporation
Publisher:
ISBN: 9780966180817
Category :
Languages : en
Pages :
Book Description
Crisis and Response: An FDIC History, 2008¿2013 reviews the experience of the FDIC during a period in which the agency was confronted with two interconnected and overlapping crises¿first, the financial crisis in 2008 and 2009, and second, a banking crisis that began in 2008 and continued until 2013. The history examines the FDIC¿s response, contributes to an understanding of what occurred, and shares lessons from the agency¿s experience.
Publisher:
ISBN: 9780966180817
Category :
Languages : en
Pages :
Book Description
Crisis and Response: An FDIC History, 2008¿2013 reviews the experience of the FDIC during a period in which the agency was confronted with two interconnected and overlapping crises¿first, the financial crisis in 2008 and 2009, and second, a banking crisis that began in 2008 and continued until 2013. The history examines the FDIC¿s response, contributes to an understanding of what occurred, and shares lessons from the agency¿s experience.
Milton Friedman on Freedom
Author: Milton Friedman
Publisher: Hoover Press
ISBN: 0817920366
Category : Political Science
Languages : en
Pages : 222
Book Description
In this book, Robert Leeson and Charles Palm have assembled an amazing collection of Milton Friedman's best works on freedom. Even more amazing is that the selection represents only 1 percent of the 1,500 works by Friedman that Leeson and Palm have put online in a user-friendly format—and an even smaller percentage if you include their archive of Friedman's audio and television recordings, correspondence, and other writings. This book and the larger online collection are sorely needed and very welcome. Milton Friedman deserves to be read in the original by generation after generation. These days, many people channel Friedman to support their own views, which sometimes are quite contrary to his actual views. With so much of it now readily available, everyone will find it easier to remember and learn from what he actually wrote and said. Readers will find the book refreshing whether or not they are already familiar with Friedman's work.
Publisher: Hoover Press
ISBN: 0817920366
Category : Political Science
Languages : en
Pages : 222
Book Description
In this book, Robert Leeson and Charles Palm have assembled an amazing collection of Milton Friedman's best works on freedom. Even more amazing is that the selection represents only 1 percent of the 1,500 works by Friedman that Leeson and Palm have put online in a user-friendly format—and an even smaller percentage if you include their archive of Friedman's audio and television recordings, correspondence, and other writings. This book and the larger online collection are sorely needed and very welcome. Milton Friedman deserves to be read in the original by generation after generation. These days, many people channel Friedman to support their own views, which sometimes are quite contrary to his actual views. With so much of it now readily available, everyone will find it easier to remember and learn from what he actually wrote and said. Readers will find the book refreshing whether or not they are already familiar with Friedman's work.
Handbook for Chapter 7 Trustees
Author:
Publisher:
ISBN:
Category : Bankruptcy examiners
Languages : en
Pages : 240
Book Description
Publisher:
ISBN:
Category : Bankruptcy examiners
Languages : en
Pages : 240
Book Description
Dangerous Opportunities
Author: Stephanie Ben-Ishai
Publisher: University of Toronto Press
ISBN: 1487506082
Category : Business & Economics
Languages : en
Pages : 207
Book Description
Dangerous Opportunities presents a timely contribution that provides lessons for post-pandemic economic recovery from the pre-pandemic Home Capital crisis, a watershed in Canadian Financial markets.
Publisher: University of Toronto Press
ISBN: 1487506082
Category : Business & Economics
Languages : en
Pages : 207
Book Description
Dangerous Opportunities presents a timely contribution that provides lessons for post-pandemic economic recovery from the pre-pandemic Home Capital crisis, a watershed in Canadian Financial markets.
The Future of Cross-border Insolvency
Author: Irit Mevorach
Publisher: Oxford University Press
ISBN: 0198782896
Category : Business & Economics
Languages : en
Pages : 321
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.
Publisher: Oxford University Press
ISBN: 0198782896
Category : Business & Economics
Languages : en
Pages : 321
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.