Orderly and Effective Insolvency Procedures

Orderly and Effective Insolvency Procedures PDF Author: International Monetary Fund
Publisher: International Monetary Fund
ISBN: 9781557758200
Category : Business & Economics
Languages : en
Pages : 108

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Book Description
Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

Orderly and Effective Insolvency Procedures

Orderly and Effective Insolvency Procedures PDF Author: International Monetary Fund
Publisher: International Monetary Fund
ISBN: 9781557758200
Category : Business & Economics
Languages : en
Pages : 108

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Book Description
Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

Insolvency Explained

Insolvency Explained PDF Author: David J. Cook
Publisher:
ISBN: 9781634255646
Category : Bankruptcy
Languages : en
Pages : 208

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Book Description
What is insolvency? -- Assets grow feet -- Follow the guideposts to all proceedings -- Beware exoneration of the guarantor -- A primer for UCC priorities -- Suspension of performance and insolvency options -- Reclamation rights : difficult outcomes in different forums (and the Law of the Unexpected) -- Insiders, subrogated to secured claims or priority claims, wipe out the estate -- Bankruptcy -- Assignment for the benefit of creditors -- Bulk transfers -- Probates and trust proceedings -- Adjustment and workouts -- Receiverships -- Statutory funds, bonds, and mass tort funds

Keay's Insolvency

Keay's Insolvency PDF Author: Michael Murray
Publisher: Lawbook Company
ISBN: 9780455236919
Category :
Languages : en
Pages :

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Book Description
The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.

Personal Insolvency in the 21st Century

Personal Insolvency in the 21st Century PDF Author: Iain Ramsay
Publisher: Bloomsbury Publishing
ISBN: 1509900985
Category : Law
Languages : en
Pages : 221

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Book Description
Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

Insolvency Explained

Insolvency Explained PDF Author: Paul Newman
Publisher:
ISBN: 9780947877880
Category : Bankruptcy
Languages : en
Pages : 126

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Book Description
The aim of this text is to bring about a general understanding of the relevant law and insolvency practice in relation to the construction industry.

Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy

Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy PDF Author: Kashyap, Amit
Publisher: IGI Global
ISBN: 1522555420
Category : Business & Economics
Languages : en
Pages : 283

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Book Description
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.

Equity and Administration

Equity and Administration PDF Author: P. G. Turner
Publisher: Cambridge University Press
ISBN: 1107142733
Category : Law
Languages : en
Pages : 601

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Book Description
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.

Insolvency

Insolvency PDF Author: Peter Eales
Publisher: Woodhead Publishing
ISBN: 9781855732469
Category : Business & Economics
Languages : en
Pages : 212

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Book Description
This book covers all aspects of insolvency, including both corporate and private bankruptcy together with alternative routes to the insolvency process

Insolvency Law

Insolvency Law PDF Author: Steven A. Frieze
Publisher: Psychology Press
ISBN: 185941575X
Category : Law
Languages : en
Pages : 129

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Book Description
An introduction to the law of insolvency as laid down by the Insolvency Act 1986. All forms of insolvency, including personal and corporate insolvency, liquidation, receivership and administration, are considered. A clear exposition of the procedures to be followed is provided and a considerable body of case law, in particular, around the areas of winding up procedures and voluntary arrangements, is incorporated.

Insolvency Law

Insolvency Law PDF Author: Harry Rajak
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 440

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Book Description
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.