Author: Barry E. Adler
Publisher: Edward Elgar Publishing
ISBN: 1781007888
Category : Law
Languages : en
Pages : 456
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Book Description
In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.
Author: Paul J. Omar
Publisher: Edward Elgar Publishing
ISBN: 9781786437464
Category :
Languages : en
Pages : 584
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Book Description
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world. Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area. Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.
Author: Matthias Haentjens
Publisher: Edward Elgar Publishing
ISBN: 1786435985
Category : Law
Languages : en
Pages : 448
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Book Description
Since 2008, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. Whereas much may have been achieved on regional levels, this has not been perfect, and many global challenges remain unsolved. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for cross-border bank crises with contributions from eminent experts from the US, EU, Japan and China. The topic is addressed from both economic, and legal perspectives, with a special section devoted to real-life cases.
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.
Author: George G. Triantis
Publisher:
ISBN:
Category :
Languages : en
Pages : 23
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Book Description
This chapter is forthcoming in an edited research handbook on corporate bankruptcy law. It reviews the theoretical and empirical scholarship on debtor-in-possession (DIP) financing, particularly as it bears on the more controversial features of DIP loans: financial terms such as cross-collateralization, roll-ups and avoidance protection, and control provisions in covenants that impose milestones and deadlines on the bankruptcy process. The paper highlights two fundamental challenges: what contract provisions are needed to mitigate the liquidity problem of the distressed debtor and whether these provisions lead to an inefficient distortion of asset-deployment decisions in bankruptcy.
Author: William Johnston
Publisher: Oxford University Press
ISBN: 0192536516
Category : Law
Languages : en
Pages : 673
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Book Description
The third edition of this invaluable guide covers the application and practice of the law of set-off in over 30 jurisdictions spanning Europe, Asia and the Americas. Written by leading experts from around the word, each chapter explains the principles of the law of set-off in the jurisdiction concerned, and provides a comparative guide for banking and finance lawyers wishing to establish the pitfalls of set-off in a foreign jurisdiction For this new edition every chapter has been updated to contain new material specifically devoted to cross border aspects, including analysis of choice of law issues.. Fully updated legal analysis is also provided, with an emphasis on how set-off may be used as security and the application of insolvency set-off: taking into account new legal developments in the various jurisdictions and reflecting recent changes to legislation in the financial sector relating to bank and other financial firm resolution.
Author: Susan A. Bandes
Publisher: Edward Elgar Publishing
ISBN: 1788119088
Category : Law
Languages : en
Pages : 640
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Book Description
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Author: Jagdeep S. Bhandari
Publisher: Cambridge University Press
ISBN: 9780521457170
Category : Business & Economics
Languages : en
Pages : 584
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Book Description
This collection is the first comprehensive selection of readings focusing on corporate bankruptcy. Its main purpose is to explore the nature and efficiency of corporate reorganization using interdisciplinary approaches drawn from law, economics, business, and finance. Substantive areas covered include the role of credit, creditors' implicit bargains, nonbargaining features of bankruptcy, workouts of agreements, alternatives to bankruptcy, and proceedings in countries including the United States, United Kingdom, Europe, and Japan. The Honorable Richard A. Posner, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, offers a foreword to the collection.
Author: Robert W. Hillman
Publisher: Edward Elgar Publishing
ISBN: 1783474408
Category : Law
Languages : en
Pages : 514
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Book Description
While the partnership has been a viable alternative to incorporation for centuries, the much more recent limited liability company (LLC) has increasingly become the business organization of choice for new firms in the United States. This Handbook inclu
Author: Vernon Dennis
Publisher:
ISBN: 9781853289712
Category : Bankruptcy
Languages : en
Pages : 545
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Book Description
The Insolvency Law Handbook should be the first point of reference for professionals called upon to advise debtors faced with personal or corporate insolvency, or their creditors. It clearly explains the insolvency process - looking at each of the various procedures in turn, highlighting the decisions to be made, the options available and the potential pitfalls. The book is divided into 4 parts: - pre-commencement considerations - decisions to be faced prior to any formal insolvency procedure - the insolvency process - step-by-step guides to all the major insolvency procedures for the practitioner representing either side - post-commencement considerations - the effect of the insolvency procedure on both debtor and creditor - appendices - relevant legislation and forms. Extremely practical in nature, the book includes checklists, flowcharts and examples of insolvency law in action.
