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Author: Iain Ramsay
Publisher: Bloomsbury Publishing
ISBN: 1509900993
Category : Law
Languages : en
Pages : 260
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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.
Author: Iain Ramsay
Publisher: Bloomsbury Publishing
ISBN: 1509900993
Category : Law
Languages : en
Pages : 260
Get Book Here
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.
Author: Thomas Kadner Graziano
Publisher: Edward Elgar Publishing
ISBN: 1788975650
Category : Law
Languages : en
Pages : 1159
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Book Description
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
Author: Alaric Watson
Publisher: Edward Elgar Publishing
ISBN: 1802205918
Category : Law
Languages : en
Pages : 591
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Book Description
Bankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
ISBN: 1789908817
Category : Law
Languages : en
Pages : 319
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Book Description
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Author: Hassane Cisse
Publisher: World Bank Publications
ISBN: 1464800383
Category : Law
Languages : en
Pages : 690
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Book Description
This volume explores the potentially transformative role of effective laws and legal institutions in providing people with more opportunity that is both inclusive and equitable.
Author: Andrew Dickinson
Publisher: Bloomsbury Publishing
ISBN: 1782255281
Category : Law
Languages : en
Pages : 356
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Book Description
A nation's prosperity depends not only on the willingness of its businesses to export goods and services, and of its citizens and residents to travel to take advantage of opportunities overseas, but also on the willingness of the businesses and citizens of other nations to cross the nation's borders to do business. Economic expansion, and parallel increases in tourism and immigration, have brought Australians more frequently into contact with the laws and legal systems of other nations. In particular, in recent years, trade with partners in the Asia-Pacific Region has become increasingly important to the nation's future. At the same time, Australian courts are faced with a growing number of disputes involving foreign facts and parties. In recognition of these developments, and the need to ensure that the applicable rules meet the needs both of transacting parties and society, the Attorney-General's Department launched in 2012 a full review of Australian rules of private international law. This collection examines the state and future of Australian private international law against the background of the Attorney-General's review. The contributors approach the topic from a variety of perspectives (judge, policy maker, practitioner, academic) and with practical and theoretical insights as to operation of private international law rules in Australia and other legal systems. This title is included in Bloomsbury Professional's International Arbitration online service.
Author: Karl Gratzer
Publisher:
ISBN: 9789189315945
Category : Bankruptcy
Languages : en
Pages : 334
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Book Description
Author: Joseph Spooner
Publisher: Cambridge University Press
ISBN: 1107166942
Category : Business & Economics
Languages : en
Pages : 309
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Book Description
Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.
Author: Virginia Torrie
Publisher: University of Toronto Press
ISBN: 1487534132
Category : History
Languages : en
Pages : 317
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Book Description
Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
Author: Robert W. Poole
Publisher: University of Chicago Press
ISBN: 022655760X
Category : Business & Economics
Languages : en
Pages : 376
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Book Description
A transportation expert makes a provocative case for changing the nation’s approach to highways, offering “bold, innovative thinking on infrastructure” (Rick Geddes, Cornell University). Americans spend hours every day sitting in traffic. And the roads they idle on are often rough and potholed, with exits, tunnels, guardrails, and bridges in terrible disrepair. According to transportation expert Robert Poole, this congestion and deterioration are outcomes of the way America manages its highways. Our twentieth-century model overly politicizes highway investment decisions, short-changing maintenance and often investing in projects whose costs exceed their benefits. In Rethinking America’s Highways, Poole examines how our current model of state-owned highways came about and why it is failing to satisfy its customers. He argues for a new model that treats highways themselves as public utilities—like electricity, telephones, and water supply. If highways were provided commercially, Poole argues, people would pay for highways based on how much they used, and the companies would issue revenue bonds to invest in facilities people were willing to pay for. Arguing for highway investments to be motivated by economic rather than political factors, this book makes a carefully-reasoned and well-documented case for a new approach to highways.
