Bankruptcy and insolvency Books

Book SynopsisAn original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice.Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.Trade Review‘This important new text offers clear and accessible theoretical perspectives on insolvency law, bringing varied perspectives together through readable introductory chapters. At one time the main insolvency law theories were well-rehearsed and it was necessary to search far and wide for the fresh insights that this book brings in one volume. In discussion of key theoretical concepts, theorists and perspectives from other disciplines this text will be extremely valuable for researchers with interests in insolvency law and will inspire further reading.’ -- Rebecca Parry, Nottingham Trent University, UK‘This collection is a very welcome contribution to scholarship in relation to the law of corporate insolvency and rescue. The doctrinal features of this body of law are complex and challenging. The addition of a theoretical analysis is long overdue, partly I am sure because of the intellectual challenges of combining theory with doctrinal clarity. The authors have done so admirably, not surprising to those of us who are aware of the standing and reputation of many of the contributors to the collection. This is a volume which is a “must have” for all interested in the subject.’ -- Irene Lynch Fannon, University College Cork, IrelandTable of ContentsContents: 1 Introduction: insolvency theory for a new age 1 Emilie Ghio, John M. Wood and Jennifer L. L. Gant PART I PHILOSOPHICAL CONSIDERATIONS AND INFLUENCES ON INSOLVENCY LAW 2 Insolvency law and morality 8 Paul Omar 3 The liberalisation of bankruptcy law 24 David Milman 4 Insolvency law and the legal feminist movement 40 Lézelle Jacobs 5 A Dworkinian approach to insolvency law 55 Catherine Brown and Colin Anderson 6 A Nietzchean approach to debt and human thought 72 John Tribe 7 A Rawlsian approach to preventive restructuring 96 Stathis Potamitis and Xenophon Paparrigopoulos PART II AN INWARD-LOOKING STUDY OF INSOLVENCY LAW 8 Decision theory and insolvency law 116 John M. Wood 9 The competing goals theory and insolvency law 133 Jason Harris 10 Successor liability theory and insolvency law 153 Laura N. Coordes 11 Vulnerability theory and insolvency law 166 Jennifer L. L. Gant PART III AN OUTWARD-LOOKING STUDY OF INSOLVENCY LAW 12 Insolvency law through the lens of human rights theories 190 Eugenio Vaccari and Tara Van Ho 13 Insolvency law through the lens of company law theories 216 Jonathan Hardman 14 Insolvency law through the lens of a contract theory of restructuring 228 Stephan Madaus 15 Insolvency law through the lens of property law theories 244 Alisdair MacPherson 16 Insolvency law through the lens of psychology theories 262 Emilie Ghio 17 Concluding remarks: new ways to theorise about insolvency and rescue 281 Jennifer L. L. Gant, Emilie Ghio and John M. Wood Index 298

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Book SynopsisTrade Review"Bankrupt in America is a wonderful combination of history, institutional analysis, and empirical economics, all in the same book. The book is full of important new insights into twentieth and early twenty-first century American consumer bankruptcy, including the authors' remarkable discovery that the principal determinants of consumer bankruptcy have often been the supply of consumer credit and the stringency of state garnishment laws, rather than changes in bankruptcy law itself. Bankrupt in America is destined to become an empirically rigorous companion to classics of American consumer finance such as Lendol Calder's Financing the American Dream."--David Skeel, University of Pennsylvania "Mary and Bradley Hansen have presented us with a superb economic history of personal bankruptcy laws in the United States in the twentieth century. They have collected large quantitative databases and subjected them to careful statistical analysis--cliometricians will applaud--but they have also analyzed the interest-group politics that shaped the bankruptcy laws, and provided us with numerous stories of individuals coping with debt and bankruptcy which make the economic analysis come alive. Bankrupt in America will become a classic--the book that generations of economic historians will cite as the authoritative source. But the book is also timely, as we have come to realize that the social safety net, of which the bankruptcy laws form an important part, has become increasingly frayed."--Hugh Rockoff, Rutgers University "Bankrupt in America is a tour de force analysis of bankruptcy legislation and its impact over the twentieth century. It shows the interplay among state and federal legislation, economic conditions, social stigma, and the role of certain individuals in accounting for changes over time and across states. The authors offer an institutional and cliometric account that deftly draws on economics, history, law and political science. It will become the resource for many scholars, and I hope legislators."--Lee J. Alston, Indiana University

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Book SynopsisThis thoroughly updated casebook is designed for chapter 11 bankruptcy courses, and also suitable for general courses focusing on business bankruptcy. The fourth edition retains the basic approach of the earlier editions.

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Book SynopsisProvides a logically ordered guide to the substantive law and practice, relating to corporate insolvency as it stands. The procedures for commencing and conducting various types of insolvency proceedings are set out alongside the legislation (the Insolvency Act 1986, the Insolvency Rules 1986 and the two Insolvency Acts of 1994).Table of ContentsCONTENTS; PART 1: INSOLVENCY LEGISLATION AND INSOLVENCY PRACTITIONERS; PART 2: WINDING UP OF COMPANIES BY THE COURT; PART 3: VOLUNTARY WINDING UP; PART 4: THE CONDUCT OF A LIQUIDATION; PART 5: ASSETS OF A COMPANY IN LIQUIDATION; PART 6: THE APPLICATION AND DISTRIBUTION OF THE ASSETS OF A COMPANY IN LIQUIDATION; PART 7: ADMINISTRATION ORDERS; PART 8: COMPROMISES AND ARRANGEMENTS; PART 9: REMEDIES OF A COMPANY'S SECURED CREDITORS

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Book SynopsisTrade Review...scathing. - The Kansas City Star ""...a well-researched, highly accessible look at troubling practices in corporate bankruptcy law."" - Booklist ""In a searing indictment of the U.S. Bankruptcy Court system, Lynn LoPucki paints a very unflattering picture of the results of bankruptcy court competition for big cases that began in the 1980s. Courting Failure is backed by years of research, hard numbers from LoPucki's web-based research database, and anecdotal evidence that should make some bankruptcy professionals, particularly bankruptcy judges, squirm."" - Turnarounds & Workouts Newswire

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Book SynopsisRuin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, making it an important contribution to the study of Canada's commercial law.Trade Review'This is an excellent piece of scholarship.' -- Andrew Smith Journal of Legal History vol 37:2016 'Once established in the aftermath of the First World War, federal bankruptcy legislation in Canada has almost certainly become a permanent part of the economic landscape. Telfer's monumental study is the definitive explanation for how that important sea change came to pass.' -- Charles J. Tabb Law and History Review May 2016 'Tom Telfer deserves our congratulations for shining a light on what until now was an obscure and little-known episode in our legal history.' -- Roderick J. Wood Canadian Business Law Journal vol 57:03:2016 'Ruin and Redemption is a valuable addition to the excellent catalogue of the Osgoode Society for Canadian Legal History. It helps historians to better understand the legal structures involved in the regulation of debt and obligation.' -- Daniel Simeone Canadian Historical Review vol 96:02:2015 'Law students, professors, and those interested in Canadian history generally can all take away something of value from this book. Telfer's analysis is easy to follow... No legal background is required to derive insight from reading this book.' -- Sean Tessarolo Saskatchewan Law Review vol 78:2015Table of ContentsIllustrations Tables Abbreviations Preface Chapter 1: Ideas, Interests, and Institutions PART I 1867-1880 Chapter 2: The Constitutional and Legislative History 1867-1880 Chapter 3: The Rise and Fall of Bankruptcy Law 1867-1880: The Equitable Distribution of Assets Chapter 4: The Repeal of Bankruptcy Law 1867-1880: The Discharge Chapter 5: The Role of Institutions 1867-1880 PART II 1880-1903 Chapter 6: Living With Repeal and the Failure of Federal Reform: 1880-1903 Chapter 7: The Constitutional Question and the Impact of Federalism: 1880-1903 Chapter 8: The Bankruptcy Law Debates: 1880-1903 PART III 1903-1919 Chapter 9: Reform Achieved: The Bankruptcy Act of 1919 Chapter 10: Conclusion Appendix to Chapter 6 Bibliography

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Book SynopsisPacked with precedents, forms, checklists and statutory extracts, this book ensures you have readily to hand everything you need to prepare and present the most common insolvency applications. The new edition of this title will be an invaluable reference for all practitioners making insolvency applications in the Companies Court.Table of Contents1 Statutory Demand 2 Creditor’s Winding Up Petition against a UK Registered Company 3 Responding to a Creditor’s Petition: Notice to Attend at the Hearing of a Petition 4 Responding to a Statutory Demand: Application to Restrain the Presentation of a Petition 5 Responding to a Petition: Application to Restrain the Advertisement of a Petition 6 Responding to a Petition: Application for a Validation Order 7 Application to Rescind a Winding Up Order 8 Winding Up Petition on Just and Equitable Grounds 9 Permission to Act as a Director of a Company with a Prohibited Name 10 Application for an Administration Order 11 Application for Directions by an Administrator 12 Application by an Administrator to Sell Property Subject to Security 13 Application by a Creditor or Member Alleging Unfair Harm by an Administrator 14 Application by an Administrator to End the Administration 15 Application by a Secured Creditor to Enforce his Security/Bring Proceedings during an Administration 16 Application for Leave to Enforce Security or Seek Possession despite a Moratorium on a Creditors Voluntary Arrangement 17 Application to Appeal Decisions Made by the Chairman on a Meeting for a Creditors Voluntary Arrangement 18 Application to Challenge an Act or Decision of the Supervisor in a Creditors Voluntary Arrangement 19 Application by an Administrative Receiver for an Indemnity by Reason of the Invalidity of his Appointment 20 Application to Remove an Administrative Receiver from Office 21 Application for a Declaration that a Transaction is Invalidated by Virtue of Section 127 of the Insolvency Act 1986 22 Application to Set Aside a Transfer at an Undervalue 23 Application to Set Aside a Preference 24 Application for a Declaration that the Director has been Engaged in Fraudulent Trading 25 Application for a Declaration that the Director has been Engaged in Wrongful Trading 26 Application to Set Aside a Transaction Defrauding Creditors 27 Application under the Summary Procedure 28 Private Examinations 29 Appeal from an Order of a Registrar 30 Toolkit

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Book SynopsisThe third edition of Personal Insolvency Practice is a comprehensive starting point for all practitioners, whether solicitors or barristers. Up-to-date and practical, this book provides an easy to follow, âhow to do itâ guide for all the common court applications in personal insolvency.Table of ContentsForeword to the Third Edition Table of Cases Table of Statutes Table of Statutory Instruments Table of Practice Directions and Practice Notes Table of International Material Table of Forms and Guides 1 STATUTORY DEMAND Objective Statutory form Service Evidence Notes Key materials Section 268 of the Insolvency Act 1986 Rules 10.1–10.3 of the Insolvency (England and Wales) Rules 2016 Precedents 1.1 Creditor’s statutory demand 1.2 Certificate of personal service 2 APPLICATION TO SET ASIDE A STATUTORY DEMAND Objective Application Court fees Time limit Evidence Key materials Rules 10.4 and 10.5 of the Insolvency (England and Wales) Rules 2016 Precedent 2.1 Application to set aside a statutory demand 3 CREDITOR’S BANKRUPTCY PETITION Objective Expediting the petition and the hearing Petition Evidence Court fees Service Hearing Withdrawal or dismissal Key materials Sections 264–271 of the Insolvency Act 1986 Rules 10.6–10.17, 10.20–10.26 and 10.30 of the Insolvency (England and Wales) Rules 2016 Precedents 3.1 Bankruptcy petition 3.2 Witness statement verifying the bankruptcy petition 3.3 List of appearances 3.4 Certificate of continuing debt 4 RESPONDING TO A CREDITOR’S PETITION: NOTICE TO ATTEND AT THE HEARING OF A PETITION Objective Notice of intention to appear Court fees Service Key materials Rules 10.17–10.19, 10.27 and 10.29–10.30 of the Insolvency (England and Wales) Rules 2016 Precedents 4.1 Notice by debtor of intention to oppose bankruptcy petition 4.2 Witness statement in opposition to the petition for bankruptcy 5 RESPONDING TO A PETITION: APPLICATION FOR A VALIDATION ORDER Objective Application Court fees Evidence Service Key materials Section 284 of the Insolvency Act 1986 Paragraph 14.8 of the CPR Practice Direction – Insolvency Proceedings Precedents 5.1 Ordinary application for a validation order pursuant to section 284 of the Insolvency Act 1986 5.2 Draft validation order 5.3 Debtor’s witness statement in support of an application for a validation order 5.4 Accountant’s witness statement in support of an application for a validation order 6 APPLICATION TO ANNUL A BANKRUPTCY ORDER Objective Application Court fees Evidence Service Report by trustee Applicant’s claim that remuneration is or expenses are excessive Hearing Key materials Sections 261 and 282 of the Insolvency Act 1986 Rules 10.132–10.141 of the Insolvency (England and Wales) Rules 2016 Precedents 6.1 Application for annulment under section 282(1)(b) of the Insolvency Act 1986 6.2 Draft order for annulment under section 282(1)(b) of the Insolvency Act 1986 6.3 Witness statement in support of an application for annulment under section 282(1)(b) of the Insolvency Act 198 7 APPLICATION TO RESCIND A BANKRUPTCY ORDER Objective Application Court fees Evidence Service Key materials Section 375 of the Insolvency Act 1986 Precedents 7.1 Application for rescission under section 375 of the Insolvency Act 1986 7.2 Draft order for rescission under section 375 of the Insolvency Act 1986 7.3 Witness statement in support of an application for rescission under section 375 of the Insolvency Act 1986 8 APPLICATION FOR PERMISSION TO ACT AS A DIRECTOR OF A COMPANY NOTWITHSTANDING BANKRUPTCY Objective Application Court fees Evidence Service Official Receiver’s report Hearing Key materials Section 11 of the Company Directors Disqualification Act 1986 Rules 9.25–9.27 of the Insolvency (England and Wales) Rules 2016 Precedents 8.1 Application for permission under section 11 of the Company Directors Disqualification Act 1986 8.2 Draft order for permission under section 11 of the Company Directors Disqualification Act 1986 8.3 Witness statement in support of an application for permission under section 11 of the Company Directors Disqualification Act 1986 9 APPLICATION FOR DIRECTIONS BY A TRUSTEE IN BANKRUPTCY Objective Application Court fees Evidence Service First hearing Key materials Section 303(2) of the Insolvency Act 1986 Precedents 9.1 Ordinary application for directions by the trustee in bankruptcy 9.2 Witness statement in support of an application for directions 9.3 Order on the trustee’s application for directions 10 APPLICATION TO APPOINT AN INTERIM RECEIVER Objective Application Court fees Evidence Service Hearing Key materials Section 286 of the Insolvency Act 1986 Rules 10.49–10.54 of the Insolvency (England and Wales) Rules 2016 Precedents 10.1 Application for the appointment of an interim receiver 10.2 Witness statement in support of an application for an interim receiver 10.3 Draft order appointing an interim receiver 11 APPLICATION FOR COMPENSATION AGAINST A TRUSTEE IN BANKRUPTCY Objective Application Court fees Evidence Service First hearing Key materials Section 304 of the Insolvency Act 1986 Precedents 11.1 Application for compensation against a trustee in bankruptcy 11.2 Witness statement in support of an application for compensation against a trustee in bankruptcy 11.3 Declaration that there has been a breach of duty by a trustee in bankruptcy 12 APPLICATION FOR AN ORDER FOR THE SALE OF THE BANKRUPT’S HOME Objective Application Court fees Evidence First hearing Service Key materials Sections 283A, 313A, 335A, 336, 337 and 338 of the Insolvency Act 1986 Rules 10.121–10.124 and 10.167–10.170 of the Insolvency (England and Wales) Rules 2016 Precedents 12.1 Application for a declaration of interest and order for sale of the bankrupt’s matrimonial home 12.2 Witness statement in support of an application for a declaration of interest in and order for sale of the bankrupt’s matrimonial home 12.3 Declaration of interest and order for sale of the bankrupt’s matrimonial home 13 APPLICATION FOR AN INTERIM ORDER IN SUPPORT OF AN INDIVIDUAL VOLUNTARY ARRANGEMENT Objective Application Court fees Evidence Service Steps following the making of an interim order Further directions Key materials Sections 252–256 of the Insolvency Act 1986 Rules 8.8–8.18 of the Insolvency (England and Wales) Rules 2016 Precedents 13.1 Ordinary application for an interim order 13.2 Witness statement in support of an application for an interim order 13.3 Interim order of court under section 252 of the Insolvency Act 1986 14 APPLICATION FOR LEAVE TO ENFORCE SECURITY OR SEEK POSSESSION DESPITE AN INTERIM ORDER Objective Application Court fees Evidence Service Key materials Section 254 of the Insolvency Act 1986 Precedents 14.1 Ordinary application for permission to enforce security despite an interim order 14.2 Witness statement in support of an application for permission to enforce security despite an interim order 14.3 Order for permission to enforce security despite an interim order 15 APPLICATION TO CHALLENGE DECISIONS MADE BY A MEETING FOR AN INDIVIDUAL VOLUNTARY ARRANGEMENT Objective Application Court fees Evidence Service Key materials Sections 262–262B of the Insolvency Act 1986 Rules 8.22–8.24 of the Insolvency (England and Wales) Rules 2016 Precedents 15.1 Application for an order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement 15.2 Witness statement in support of an application for an order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement 15.3 Draft order revoking a decision made by the creditors’ meeting in an individual voluntary arrangement 16 APPLICATION TO CHALLENGE DECISIONS IN RESPECT OF A DEBT RELIEF ORDER Overview Application Court fees Evidence Service Key materials Sections 251M and 251X of the Insolvency Act 1986 Rules 9.14 and 9.21–9.22 of the Insolvency (England and Wales) Rules 2016 Precedents 16.1 Ordinary application for an order revoking a debt relief order 16.2 Witness statement in support of an application for an order revoking a debt relief order 16.3 Draft order revoking a debt relief order 17 APPLICATION FOR AN INCOME PAYMENT ORDER Objective Application Court fees Evidence Service Key materials Sections 310–310A of the Insolvency Act 1986 Rules 10.109–10.114 of the Insolvency (England and Wales) Rules 2016 Precedents 17.1 Application for an income payment order pursuant to section 310 of the Insolvency Act 1986 17.2 Witness statement in support of an application for an income payment order 17.3 Income payment order 18 APPLICATION FOR A PRIVATE EXAMINATION Objective Application Court fees Service Witness statement First hearing Return date Warrant for arrest Key materials Sections 366–369 of the Insolvency Act 1986 Rules 12.17–12.22 of the Insolvency (England and Wales) Rules 2016 Precedents 18.1 Letter requesting documents before an application is made for a private examination 18.2 Application for a private examination 18.3 Witness statement in support of an application for a private examination 18.4 Order for private examination 18.5 Warrant for the arrest of the examinee on his failure to attend a private examination 19 APPLICATION FOR A DECLARATION THAT A TRANSACTION IS INVALIDATED BY VIRTUE OF SECTION 284 OF THE INSOLVENCY ACT 1986 Objective Application Court fees Evidence Service First hearing Key materials Section 284 of the Insolvency Act 1986 Precedents 19.1 Application for a declaration of invalidity of a transfer pursuant to section 284 of the Insolvency Act 1986 19.2 Witness statement for a declaration that the transaction is invalidated by section 284 of the Insolvency Act 1986 19.3 Declaration that a transaction is invalidated pursuant to section 284 of the Insolvency Act 1986 20 APPLICATION TO SET ASIDE A TRANSACTION AT AN UNDERVALUE Objective Application Court fees Evidence Service First hearing Key materials Sections 339, 341–342 and 435 of the Insolvency Act 1986 Precedents 20.1 Application for a declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986 20.2 Witness statement to set aside a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986 20.3 Declaration that a payment is a transaction at an undervalue pursuant to section 339 of the Insolvency Act 1986 21 APPLICATION TO SET ASIDE A PREFERENCE Objective Application Court fees Evidence Service First hearing Key materials Sections 340–342 and 435 of the Insolvency Act 1986 Precedents 21.1 Application for a declaration of a preference pursuant to section 340 of the Insolvency Act 1986 21.2 Witness statement for a declaration of a preference pursuant to section 340 of the Insolvency Act 1986 21.3 Declaration of a preference pursuant to section 340 of the Insolvency Act 1986 22 APPLICATION TO SET ASIDE A TRANSACTION DEFRAUDING CREDITORS Objective Claim Court fees Evidence Key materials Sections 423–425 of the Insolvency Act 1986 Precedents 22.1 Claim for a declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986 22.2 Particulars of claim in support of a claim to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986 22.3 Witness statement to set aside a fraudulent transaction pursuant to section 423 of the Insolvency Act 1986 22.4 Declaration that a payment is a transaction defrauding creditors pursuant to section 423 of the Insolvency Act 1986 23 APPEAL Objective Appeal notice Court fees Service Respondent’s notice Appeal bundle Time limits Key materials Part Four of the CPR Practice Direction – Insolvency Proceedings Rules 12.58 and 12.61 of the Insolvency (England and Wales) Rules 2016 Schedule 10 to the Insolvency (England and Wales) Rules 2016 24 TOOLKIT Issuing proceedings in the Royal Courts of Justice Courts Electronic Filing – CE-File County court or High Court? Insolvency and Companies Court judge or High Court judge? Urgent applications Evidence Bundles Time estimates Skeleton arguments Useful email addresses The Royal Courts of Justice The County Court at Central London Court dress Court fees Key materials Rules 1.5, 1.6, 1.35, 10.11 and 12.5 of the Insolvency (England and Wales) Rules 2016 Schedule 4 to the Insolvency (England and Wales) Rules 2016 Schedule 5 to the Insolvency (England and Wales) Rules 2016 Schedule 6 to the Insolvency (England and Wales) Rules 2016 Parts One and Three of the CPR Practice Direction – Insolvency Proceedings Precedents 24.1 Blank application form 24.2 Certificate of urgency 24.3 Bankruptcy petition on default of a voluntary arrangement 24.4 Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable at a future date 24.5 Creditor’s bankruptcy petition on failure to comply with a statutory demand for a liquidated sum payable immediately 24.6 Creditor’s bankruptcy petition where execution or other process on a judgment has been returned in whole or part 24.7 Debtor’s notice of opposition 24.8 List of appearances 24.9 Notice of persons intending to appear 24.10 Statutory demand under section 268(1)(a) of the Insolvency Act 1986. Debt for liquidated sum payable immediately following a judgment or order of the court 24.11 Statutory demand for a liquidated sum 24.12 Statutory demand for a debt payable at a future date 24.13 Listing certificate for a non-attendance pre trial review Index

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Book Synopsis'Charging Orders on Land: Law, Practice and Precedents' is an authoritative and practical guide to the issues of enforcement of money judgments by obtaining a charging order over the debtorâs property and then an order for sale.. This edition also contains a new chapter on insolvency regimes.Table of ContentsForeword to the Second Edition; Foreword to the First Edition; List of Abbreviations; Civil and Family Procedure Rules – Comparison Tables; Table of Cases; Table of Statutes; Table of Statutory Instruments; Table of European Conventions 1 INTRODUCTION Introduction Overview of charging orders Brief history of charging orders 2 CIRCUMSTANCES FOR OBTAINING A CHARGING ORDER Introduction Who can apply for a charging order? Property which may be charged Exercise of the court’s discretion Commercial Rent (Coronavirus) Act 2022 Breathing Space Moratorium and Mental Health Crisis Moratorium 3 PROCEDURE FOR OBTAINING A CHARGING ORDER Procedural framework Application to the court Interim charging order Final charging order Insolvency restrictions Basic procedure tables 4 PRIORITIES AND PROBLEMS Basic rule of priority Types of interest over which a charging order can be made Protection of priority under the Land Registration Act 2002 Charging orders, mortgages and sales Other priority problems 5 DISCHARGE OR VARIATION OF A CHARGING ORDER Introduction Grounds which are open to particular applicants Grounds for discharge Grounds for variation Procedure in the courts The procedure on a reference to the First-tier Tribunal Basic procedure table 6 ENFORCEMENT Introduction Court’s jurisdiction and the appropriate court Orders for sale Appointment of a receiver Limitation 7 OTHER TYPES OF CHARGING ORDER Council Tax (Administration and Enforcement) Regulations 1992 Solicitors Act 1974, section 73 Insolvency Act 1986, section 313 Agricultural Holdings Act 1986, sections 85, 86 and 87 Landlord and Tenant Act 1927 Partnership Act 1890, section 23 Road Traffic Act 1991 Child Support Act 1991, sections 33 and 36 Mental Capacity Act 2005, section 18 Housing Act 2004, sections 49 and 50, Schedule 13 Highways Act 1980 Legal Aid, Sentencing and Punishment of Offenders Act 2012 8 INSOLVENCY Introduction Definition of insolvency Overview of individual insolvency procedures The debt respite scheme Overview of corporate insolvency procedures Insolvency restrictions APPENDICES PART A – STATUTORY MATERIAL A1 Charging Orders Act 1979 A2 Civil Procedure Rules, Part 73, Section I A3 Civil Procedure Rules, Practice Direction 73, Section I and Appendix A A4 Family Procedure Rules, Part 40 A5 Family Procedure Rules, Practice Direction 40A, Section I PART B – PRECEDENTS B1 Completed Specimen Form N379: Application for Charging Order on Land B2 Completed Specimen Form FE6: Application for Charging Order on Land B3 Completed Specimen Form N86: Interim Charging Order – Court Order B4 Witness Statement to Oppose Making of Final Charging Order B5 Order for Discharge of Charging Order where No Final Order Made B6 Completed Specimen Form N87: Final Charging Order – Court Order B6A Suggested wording for an application for a non-standard restriction B7 Standard Order 4.13 B8 Standard Order 4.14 B9 Form N244: Application Notice B10 Witness Statement in Support of Application to Discharge Final Charging Order B11 Draft Order for Discharge of Charging Order after Final Charging Order Made B12 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – I B13 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – II B14 Witness Statement in Support of Application for Sale – I B15 Witness Statement in Support of Application for Sale – II B16 Standard Form of Charging Order (Bankruptcy) B17 Draft Directions B18 Order: Joint Owners Tenanted B19 Order: Sole Legal Owner Overseas Entity Tenanted Index

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Book SynopsisThe subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their bankTable of Contents♦ Foreword Andrew Campbell ♦ Acknowledgement ♦ Dedication Part IBank Insolvencies in Developing Economies1. Prologue - The Management of Distressed Banks in Developing Economies Kayode Akintola & Folashade Adeyemo2. Distressed Banks and Asset Management Companies: Evaluating ‘AMCON’ as a Bank Resolution Tool for Managing Non-Performing Loans in Nigeria Anthony Idigbe3. Unravelling the Mystery behind Bank Insolvencies in the East African Community (EAC) – The case for Uganda, Kenya and Tanzania Hamiisi Nsubuga4. Towards Early Intervention in the Resolution of Banks’ Financial Distress in in Ghana Kenneth Ghartey5. Deposit Protection Schemes in Effective Bank Resolution Regimes: Kenya’s Experience Joy MalalaPart IIBank Insolvency Law: Selected Cross-Border Paradigms 6. Institutional Development of the Dubai International Financial Centre and the Qatar Financial Centre: The Insolvency Law Framework Horace Yeung & Saleh Al-Brashidi7. Cyprus after the 2013 Banking Crisis: The Journey towards Recovery Sofia Ellina8. Bank Insolvencies and the UNCITRAL Model Law Clara Souza & Pedro FerreirinhaPostscript♦ (Re-)Balancing the Priorities of Bank Insolvency Law in Developing Economies Kayode Akintola

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Book SynopsisThe second edition of the first and only concise introduction to American business insolvency law, this volume provides a succinct overview of American business bankruptcy as it is actually practiced, integrating the law as written and implemented, and now includes coverage of the Small Business Reorganization Act.Trade Review‘The author’s second edition of his primer on American Business Bankruptcy provides a concise and accessible description of the key chapters of the US Bankruptcy Code. This book would be quite useful to students of insolvency law and indeed anyone who wishes to develop a working knowledge of the key aspects of the American insolvency framework. It is direct and clear, while also providing enough depth and discussion that it would also be useful from a comparative perspective. It is a very practical synthesis which, in the second edition, integrates the recent Small Business Reorganisation Act.’ -- Jennifer L.L. Gant, eurofenix‘Stephen Lubben has provided the go-to overview of the American business bankruptcy system. American Business Bankruptcy is the ideal book for anyone looking to understand the overall design of business restructuring in the United States.’ -- Adam Levitin, Georgetown University Law Center, USTable of ContentsContents: Preface PART I BUSINESS BANKRUPTCY BASICS 1. Some historical context 2. The central core of business bankruptcy – section 109 PART II ELEMENTS COMMON TO ALL BUSINESS BANKRUPTCIES 3. The estate and the automatic stay 4. Creditors’ claims against the estate 5. Executory contracts and unexpired leases 6. The avoidance powers PART III LIQUIDATION UNDER CHAPTER 7. An introduction to chapter 7 of the Bankruptcy Code 8. The chapter 7 trustee 9. Distributing the chapter 7 estate 10. Special chapter 7 cases PART IV REORGANIZATION UNDER CHAPTER 11 11. An introduction to chapter 11 of the Bankruptcy Code 12. Stabilizing the debtor’s business in chapter 11 13. Committees 14. Professionals 15. The plan – formulation and voting 16. The plan – confirmation (consensual) 17. The plan – confirmation (cramdown) 18. 363 sales 19. Prepacks 20. The effects of plan confirmation 21. Small businesses in chapter 11 PART V TRANSNATIONAL BUSINESS BANKRUPTCY UNDER CHAPTER 22. An introduction to chapter 15 of the Bankruptcy Code Index

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Book SynopsisThis unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject.Trade Review‘To simplify access to this world, but in an intelligent, yet comprehensive, way comes this primer, written by two young scholars in the field, whose publications have become increasingly noteworthy in the way they challenge orthodoxies and provide fresh insights into the objects of their research. This attention to detail and how best to inculcate an understanding of the subject prompts this work, whose content, in five parts, addresses the broad structure of the topic from an introduction to the field, liquidation and receivership, rescue procedures, directorial misconduct and the international dimension of procedures.’ -- Paul Omar, INSOL Europe‘The book English Corporate Insolvency Law is, as its subtitle says, a primer. It offers an introduction and analysis guide and update readers with the recently significantly revised English corporate insolvency rules and procedures. Readers will not be disappointed as it gives a well-reasoned overview of the full system, including references to case law and literature.’ -- Bob Wessels blog‘English Corporate Insolvency Law: A Primer by Eugenio Vaccari and Emilie Ghio is a welcome addition to the literature on corporate insolvency and restructuring. It is written in a very accessible, yet detailed and thoughtful, manner. The authors are justly known as academic experts in this field and have many publications to their credit. In that light, this work should receive due attention as a primer for all those wishing to embark on the study or appreciation of this fascinating and highly topical subject.’ -- Paul Omar, De Montfort University, UKTable of ContentsContents: Preface PART I INTRODUCTION TO CORPORATE INSOLVENCY LAW 1. The financial context of insolvency 2. The roots and history of insolvency law 3. The institutional setting PART II LIQUIDATION, RECEIVERSHIP AND DISTRIBUTION OF ASSETS 4. Liquidation 5. Administrative receivership 6. Gathering and distributing assets and dividends PART III RESCUE PROCEDURES 7. Administration 8. Management of companies in distress and CVAs 9. Restructuring procedures PART IV INVESTIGATING AND SUPPRESSING MISCONDUCT 10. Directors’ duties 11. Malpractice before and during liquidation (and administration) 12. Adjustment or avoidance of prior transactions 13. Criminal offences 14. Disqualification and personal liability PART V CROSS-BORDER INSOLVENCY LAW 15. The theoretical underpinnings of cross-border insolvency law 16. The international and European frameworks for cross-border insolvency law 17. The domestic framework for cross-border insolvency cases Index

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Book SynopsisThis new edition of Corporate Insolvency Law builds on the unique and influential analytical framework established in previous editions - which outlines the values to be served by insolvency law and the need for it to further corporate as well as broader social ends. Examining insolvency law in the fast-evolving commercial world, the third edition covers the host of new laws, policies and practices that have emerged in response to the fresh corporate and financial environments of the post-2008 crisis era. This third edition includes a new chapter on the growing issue of cross border insolvency and deals with a host of recent developments, notably; the consolidation of the rescue culture in the UK, the rise of the pre-packaged administration, and the substantial replacement of administrative receivership with administration. Suitable for advanced undergraduate and graduate students, professionals and academics, Corporate Insolvency Law offers an organised basis for rising to the challenTable of ContentsPart I. Agendas and Objectives: 1. The roots of corporate insolvency law; 2. Aims, objectives and benchmarks; Part II. The Context of Corporate Insolvency Law: Financial and Institutional: 3. Insolvency and corporate borrowing; 4. Corporate failure; 5. Insolvency practitioners and turnaround professionals; Part III. The Quest for Turnaround: 6. Rescue; 7. Informal rescue; 8. Receivers and their role; 9. Administration; 10. Pre-packaged administrations; 11. Company arrangements; 12. Rethinking rescue; Part IV. Gathering and Distributing the Assets: 13. Gathering the assets: the role of liquidation; 14. The pari passu principle; 15. Bypassing pari passu; Part V. The Impact of Corporate Insolvency: 16. Directors in troubled times; 17. Employees in distress; 18. Cross border insolvency; 19. Conclusion.

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Book SynopsisWhen States Go Broke discusses the ongoing fiscal crisis among the American states. No one disagrees with the idea that the states face enormous political and fiscal challenges. This volume fills an important gap in the dialogue by offering an academic analysis of the many issues broached by these debates.Trade Review"Well-written and cohesive....Editors Conti-Brown and Skeel did a fine job ensuring that a diversity of perspectives were represented, both disciplinary (economists, political scientists, lawyers) and professional/political (academics, a union lawyer, a conservative think tank scholar....Recommended." --ChoiceTable of ContentsPart I. The Problem: The States in Fiscal Crisis: 1. Fiscal constitutions and fiscal crises: a history Isabel Rodriguez-Tejedo and John Wallis; 2. Obligations without the power to fund them: the origins, consequences, and possible solution to the fiscal crisis of the states Damon Silvers; 3. Public pension pressures in the United States Olivia Mitchell; 4. Structural challenges in state budgeting Josh Barro; Part II. The Legal and Political Context of Public Debt: 5. What states can learn from municipal insolvency Clayton Gillette; 6. Market discipline and US federalism Jonathan Rodden; 7. American states and sovereign debt restructuring: lessons and cautionary tales Adam Feibelman; Part III. Evaluating Solutions: 8. State bankruptcy from the ground up David Skeel; 9. Fiscal federalism and the limits of bankruptcy Adam Levitin; 10. Extending bankruptcy law to states: is it constitutional? Michael McConnell; 11. Bankruptcy for the states and by the states George Triantis; 12. Labor and the states' fiscal problems: not the problem but perhaps part of the solution Catherine Fisk and Brian Olney.

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Book SynopsisThe thousands of mergers, acquisitions, and start-ups that have characterized the past years of business have created an increasing number of corporations in financial trouble: specifically, a shortage of venture capital or quick cash. Consequently, bankruptcy protection is now viewed as a strategic move to protect corporations from their creditors and allow them to reorganize. Fully revised and updated with new case studies and the latest coverage of regulations, Bankruptcy and Insolvency Taxation, Fourth Edition provides the answers to the questions financial managers will have on the tax aspects of bankruptcy strategy.Table of ContentsPreface ix Chapter One: Nature of Bankruptcy and Insolvency Proceedings 1 1.1 Objectives 2 1.2 Alternatives Available to a Financially Troubled Business 4 Chapter Two: Discharge of Indebtedness 27 2.1 Introduction 30 2.2 Discharge of Indebtedness Income 30 2.3 Determination of Discharge of Indebtedness Income 31 2.4 Section 108(e) Additions to Discharge of Indebtedness Income 46 2.5 Section 108(e) Subtractions from Discharge of Indebtedness Income 66 2.6 Discharge of Indebtedness Income Exclusions 71 2.7 Consequences of Qualifying for Section 108(a) Exclusions 81 2.8 Section 108(i) Deferral and Ratable Inclusion of DOI from Business Indebtedness Discharged by the Reacquisition of a Debt Instrument 97 2.9 Use of Property to Cancel Debt 106 2.10 Consolidated Tax Return Treatment 117 2.11 Discharge of Indebtedness Reporting Requirements 138 Chapter Three: Partnerships and S Corporations: Tax Impact of Workouts and Bankruptcies 143 3.1 Introduction 144 3.2 Partnerships 144 3.3 S Corporations 161 Chapter Four: Taxation of Bankruptcy Estates and Debtors 173 4.1 Introduction 174 4.2 Responsibility for Filing Income Tax Returns 174 4.3 Accounting for the Bankruptcy Estate 177 4.4 Accounting for the Debtor (Individual) 215 4.5 Summary 228 Chapter Five: Corporate Reorganizations 231 5.1 Introduction 232 5.2 Elements Common to Many Reorganization Provisions 233 5.3 Overview of Specific Tax-Free Reorganizations under Section 368 249 5.4 Acquisitive Asset Reorganizations 249 5.5 Stock Acquisitions 261 5.6 Single-Entity Reorganizations 270 5.7 Divisive Reorganizations 275 5.8 Insolvency Reorganizations 286 5.9 Summary 309 Chapter Six: Use of Net Operating Losses 311 6.1 Introduction 313 6.2 I.R.C. Section 381 315 6.3 Restructuring under Prior I.R.C. Section 382 320 6.4 Current I.R.C. Section 382 322 6.5 I.R.C. Section 383: Carryovers Other than Net Operating Losses 396 6.6 I.R.C. Section 384 397 6.7 I.R.C. Section 269: Transactions to Evade or Avoid Tax 401 6.8 Libson Shops Doctrine 406 6.9 Consolidated Return Regulations 407 Chapter Seven: Other Corporate Issues 425 7.1 Introduction 426 7.2 Earnings and Profits 426 7.3 Incorporation 430 7.4 Liquidation 434 7.5 I.R.C. Section 338 440 7.6 Limited Liability Corporation 454 7.7 Other Tax Considerations 454 7.8 Administrative Expenses 457 7.9 Other Administrative Issues 465 Chapter Eight: State and Local Taxes 471 8.1 Introduction 471 8.2 Bankruptcy Estates 472 8.3 Stock for Debt 479 8.4 Cancellation of Indebtedness 479 8.5 Net Operating Loss Carryback and Carryover 480 8.6 Stamp Tax 481 8.7 Tax Impact of Plan for State and Local Purposes 485 Chapter Nine: Tax Consequences to Creditors of Loss from Debt Forgiveness 487 9.1 Introduction 488 9.2 Nature of Losses 488 9.3 Business and Nonbusiness Losses 490 9.4 Determination of Worthlessness 501 9.5 Secured Debt 509 9.6 Reorganization 516 Chapter Ten: Tax Procedures and Litigation 519 10.1 Introduction 520 10.2 Notice and Filing Requirements 520 10.3 Tax Determination 521 10.4 Bankruptcy Courts 575 10.5 Minimization of Tax and Related Payments 578 Chapter Eleven: Tax Priorities and Discharge 581 11.1 Introduction 582 11.2 Priorities 582 11.3 Tax Discharge 635 Chapter Twelve: Tax Preferences and Liens 669 12.1 Introduction 669 12.2 Tax Preferences 669 12.3 Tax Liens 675 About the Authors 703 About the Web Site 704 Statutes Citations 705 Treasury Regulations, Revenue Procedures, and Revenue Rulings Citations 714 Case Index 722 Subject Index 732

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Book SynopsisThis book covers key material for Scots commercial law courses.

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Book SynopsisThe series that BarCharts was built upon. For those in law school facing loads of information that culminates in the Bar Exam.

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Book SynopsisThe study is a result of a collaborative research project addressing “The Implementation of the New Insolvency Regulation – Improving Cooperation and Mutual Trust”. The project was undertaken by the Max Planck Institute Luxembourg for Procedural Law, the University of Vienna and the University of Milan, and co-funded by the European Union as part of the Commission’s Action Grants 2013 for Civil Justice. The focus of the study concerns specific issues of cross-border insolvencies under the recast of the Insolvency Regulation which already has been prepared by a large part of the contributing authors in the Heidelberg-Vienna-Luxembourg Report. The study is comprised of three major topics: 1.The Regulation’s extended scope of application, including pre-insolvency and hybrid proceedings, the relationship between Article 1(1) of the Regulation and its Annex A, as well as the interplay between the Insolvency Regulation and the Brussels Ibis Regulation; 2.the cooperation between main and secondary insolvency proceedings, the new instruments, such as “synthetic proceedings”, destined to avoid or postpone the opening of secondary proceedings, further the cooperation between administrators and courts of different proceedings as well as protocols to enhance cooperation; 3.insolvencies of groups of companies, with a particular focus on jurisdiction, COMI-migration, “group coordination proceedings” and other instruments of coordination.Trade ReviewThis book is particularly recommended for practitioners and members of European and domestic bodies working on regulatory reforms and issues in the field of both corporate and personal insolvency law. The practice-orientated approach of the book makes it particularly suitable for a professional audience. -- Eugenio Vaccari * Journal of International Banking Law and Regulation *

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Book SynopsisThis book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court’s final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.Trade ReviewMeticulously researched, well presented, and thoroughly referenced, this book represents a major contribution to insolvency scholarship. It will also be valuable to those with a more general interest in corporate restructuring laws as well as insolvency laws in Asia. The methodology will be of interest to comparative law scholars in Asia, the UK, and the US, not only to those with an interest in insolvency law. The book is an extremely valuable addition to the Hart Series on Contemporary Studies in Corporate Law. -- Jingchen Zhao, Nottingham Trent University * International Insolvency Review *This book plugs a significant gap in the literature concerning restructuring and insolvency law and policy in Asia and will be a valuable resource for academics, practitioners, and those who engage in policy formulation and law reform. -- Andrew Godwin, University of Melbourne * The Chinese Journal of Comparative Law *In this excellent new book Professor Wan critically analyses the development of corporate restructuring law in four Asian jurisdictions: Hong Kong, Singapore, Mainland China, and India. Her controlling argument is that all of these jurisdictions have borrowed ideas from corporate restructuring law in the US and the UK, but that the organisational and institutional environment is very different in each of them so that adaptations are necessary for the legal transplants to flourish in their new soil. The book makes a highly significant contribution to the literature ... What emerges is a fascinating, readable, rigorous, and highly compelling piece of research. * Sarah Paterson, Professor of Law, London School of Economics and Political Science, UK *Professor Wan’s new book provides a fascinating deep dive into the insolvency regimes of China, Hong Kong, India, and Singapore. Professor Wan traces the evolution of each regime and highlights the influence that American and English systems had on that evolution. In doing so, she develops a new framework for measuring the success of restructuring laws and persuasively challenges the idea that American and English principles of restructuring can simply be transplanted to any jurisdiction regardless of local institutions and laws. This book is a must read for anyone interested in the law of corporate restructuring or comparative law more generally. * Anthony J Casey, Donald M Ephraim Professor of Law and Economics, University of Chicago, USA *In this masterful monograph, Professor Wai Yee Wan combines economic analysis with detailed institutional knowledge to assess the application of American- and British-style business reorganization law to the economies and legal environments of Mainland China, Hong Kong, India, and Singapore. Her book is rich in comparative information on these four Asian legal regimes, and she offers insightful conclusions and persuasive recommendations. Of particular importance is her original analysis of the challenges of the employment of an Anglo-American reorganization model in jurisdictions whose businesses are, as contrasted with those in the US and UK, characterized by concentrated share holdings. * Richard Squire, Professor of Law & Alpin J Cameron Chair in Law, Fordham Law School, USA *This book presents a theoretically rich and intellectually stimulating account of corporate restructuring in Hong Kong, Singapore, India and Mainland China. The corporate insolvency regimes of these jurisdictions have all been influenced to differing degrees by Anglo-American models. Wan interrogates the appropriateness of this in the very different economic and social context of business practice in these four Asian economies. Through careful examination of relevant law and the use of empirical data, she identifies a number of key differences that pull towards the need for these jurisdictions to consider their own policy imperatives and possible reforms. * Sally Wheeler OBE, Robert Garran Professor of Law, Australian National University, Australia *Table of Contents1. Introduction and Theoretical Framework 1.1. Overview 1.2. Restructuring Models in Anglo-America and Asia 1.3. Understanding the Interaction between Corporate Governance and Restructuring Law 1.4. Building an Analytical Framework 1.5. Methodology 1.6. Organisation of the Book 2. Development of Corporate Restructuring Law in Four Asian Jurisdictions 2.1. Introduction 2.2. Emerging Jurisdictions 2.3. Advanced Jurisdictions 2.4. Conclusion 3. The Agency Costs of Manager–Creditor and Shareholder–Creditor Relationships in Restructuring 3.1. Introduction 3.2. Institutional and Organisational Background 3.4. Addressing Information Asymmetry and Hold-Out Problems in Asian Restructurings 3.5. Enhancing the Restructuring Regime: Lessons and Implications 3.6. Conclusion 4. The Agency and Coordination Costs of Creditor–Creditor Relationships in Restructuring 4.1. Introduction 4.2. Institutional and Organisational Background 4.3. Strategies to Deal with Agency and Coordination Costs of Creditor–Creditor Conflicts in Anglo-American Restructurings 4.4. The Features of Asian Restructurings 4.5. Enhancing the Restructuring Regime in Asia: Lessons and Implications 4.6. Conclusion 5. Managing Non-Performing Loans and their Impact on Agency and Coordination Costs in Two Emerging Jurisdictions 5.1. Introduction 5.2. Institutional and Organisational Background in the International Context for Resolving NPLs 5.3. Institutional Background to NPLs in India and Mainland China 5.4. AMCs and Variations to Agency and Coordination Costs in Restructuring 5.5. Developing Active Distressed Loan Markets in India and Mainland China 5.6. Conclusion, Lessons and Implications for Managing NPLs 5.7. Postscript 6. Insolvency Practitioners as Gatekeeper Intermediaries 6.1. Introduction 6.2. Role of Insolvency Practitioners: A Comparative Perspective 6.3. The Governance of Intermediaries: Accountability, Conflicts of Interest and Effectiveness 6.4. Lessons, Implications and Options for Reform in Asian Jurisdictions 6.5. Conclusion 7. Role of the Courts in Court-Supervised Restructurings 7.1. Introduction 7.2. Legislative Framework and Judicial Discretion in the US and the UK: Strengths and Limitations 7.3. Legislative Framework and Judicial Discretion in Asia 7.4. Lessons and Implications 7.5. The Experience of Mainland China 7.6. Conclusion 8. Relationship between Restructuring Law, Enforcing Contracts and Directors’ Duties 8.1. Introduction 8.2. Impact of Enforcing Creditor Rights on Restructuring Law 8.3. Analysis 8.4. Directors’ Duties and Incentives to Invoke or Use Restructuring Law 8.5. Conclusion 9. Restructuring Law, Implications for Reform and Conclusion 9.1. Introduction 9.2. Seven Propositions in this Book 9.3. Future Prospects for Reform in the Asian Jurisdictions 9.4. Conclusion

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Book SynopsisWritten by authors from South Square, consistently ranked in legal directories as the top set for insolvency and restructuring in the UK this book deals specifically with corporate administration and Company Voluntary Arrangements (CVAs) in the context of business recovery and rescue. The fourth edition has been fully revised and updated to include coverage and analysis of all case law developments as well as: - a new chapter on the UK government's proposed new Corporate Restructuring Plan - the new UK statutory pre-insolvency moratorium - the cross-border context for corporate administrations and rescue procedures post-Brexit - increased coverage of public sector special administration regimes This title is included in Bloomsbury Professional's Insolvency Law online service.Table of Contents1. The Appointment of an Administrator 2. Effect of Administration: The Statutory Moratorium 3. Procedure Following the Appointment of an Administrator 4. Decisions of Creditors, Creditors’ Committees and Members 5. Powers, Duties, Status and Liabilities of an Administrator 6. Contracts 7. Administration as it Affects Officers of the Company and its Employees 8. Statutory Rights and Remedies Available to Administrators 9. The Administrator’s Task 10. Sale of Assets in an Administration and Related Matters 11. Voluntary Arrangements 12. Moratoriums for Small Companies 13. Schemes of Arrangement 14. Protection of Interests of Creditors and Members 15. Payments and Distributions 16. Partnerships and Limited Liability Partnerships 17. Termination of Administration Proceedings and Removal and Replacement of an Administrator 18. Administrations and the Financial Markets 19. Administrations and Special Administrations in the Financial Services Sector 20. Public Sector Special Administration Regimes 21. Court Practice and Procedure 22. International Aspects

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Book SynopsisBridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you’ll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law, Employment Law and Pensions Law online services.Table of ContentsPart 1 - Introduction Part 2 - Employment Law Overview Part 3 - Insolvency Law: Overview Part 4 - The start of Insolvency Proceedings Part 5 - IP Liability and Employees Part 6 - Accrued Claims to Insolvency Debt Part 7 - Continued Employment/Carrying on Business Part 8 - Business Transfers and TUPE Part 9 - Impact of Employer Insolvency on Pensions Part 10 - Pension Protection Fund (PPF) Part 11 - Section 75 and Debt on Employer Part 12 - Pensions Regulator and its Statutory Moral Hazard Powers Part 13 - Winding Up Pension Schemes Part 14 - Overseas Issues Part 15 - CVAs and Pensions

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Book SynopsisBuying and Selling Insolvent Companies and Businesses aims to be a comprehensive guide to its readers, being useful to insolvency practitioners and other professionals involved in insolvency, including lawyers, accountants, company directors and company secretaries. It is also of use to potential investors and their advisers as well as being of interest to students who may wish to specialise in insolvency. The new third edition has been updated to include: - Corporate Insolvency and Governance Act 2020 which brought in a new moratorium procedure and restructuring plan as permanent measures in response to COVID-19 - the impact of Brexit on insolvency laws - the impact of the significant rise in the use of company voluntary arrangements - the new Pensions bill, which will have an impact on advisors to insolvent companies This title is included in Bloomsbury Professional's Company and Commercial Law and Insolvency Law online services.Table of Contents1 What is Corporate Insolvency? 2 Pre-pack Administrations; 3 Purchasing Vehicles and Insolvency Act 1986, s 216; 4 Due Diligence; 5 Raising Funds; 6 Secured Creditors; 7 Goodwill, Intellectual Property Rights and Data Protection Act Issues; 8 Excluded Assets; 9 Employees; 10 Pension Schemes; 11 How to Deal with Existing Customers and Work in Progress; 12 How to Deal with Suppliers; 13 Leasehold Premises

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book SynopsisWinning your case in court is only half the battle. It's a fact that some people hide their assets to avoid paying debts and judgments. This truly unique book will show you how to find and reach that hidden money. Author David J. Cook is a veteran collections attorney who has been chasing down debtors for over 39 years. This colorfully written book will teach you the basics of civil remedies, real estate, finance, and sleuthing. The author outlines for you the power of the bluff and the outer parameters of threat, when a threat becomes extortion, and when you need to walk away from a situation. This book is about collecting debts, finding assets, enforcing judgments against difficult people, or, should you be so inclined, beating out your creditors.Table of ContentsAcknowledgments vIntroduction xxviiTales of Chicken Delight xxviiSection 1Hors D'oeuvres 1Chapter 1Arrows and Xs" on the Treasure Map 3Chapter 2A Preview 7Section 2The Foundations 11Chapter 1The Basics of Law and BusinessCivil Law, Practice, and Procedure 13Chapter 2The Basic Terms of Real Estate, Bankruptcy, Accounting, and Law 17Chapter 3Real Estate Buzzwords 19Chapter 4Deeds of Trust and Mortgages, Title Insurance, and the County Recorder 21Chapter 5Real Estate Titles and Why They Are Important 23Chapter 6Phony Baloney Mortgages, Liens, and Lies 25Chapter 7Amortization Tables 27Chapter 8Residential Lending Standards and the Foreclosure Process 31Chapter 9Appraisals and Transfer Taxes 33Chapter 10Stated Income Loans 35Chapter 11The URLA Is the Treasure Map 37Chapter 12Community Property 41Chapter 13Asset Protection Makes Its Debut 43Chapter 14Legal Asset Protection 49Chapter 15Leaving Town Is Another Form of Asset Protection 51Chapter 16Why Does the Debtor Pay and Why Does the Creditor Give Up? 53Chapter 17Don't Be a Dunce or a Victim 57Chapter 18Liar, Liar, Pants on Fire 59Chapter 19The 50 Primer on Alter Ego Liability 61Chapter 20Judges? 65Chapter 21Judgments 73Chapter 22Rudiments of Fraudulent Conveyance Law 77Chapter 23Introduction to Insolvency 81Chapter 24Technology 83Section 3Investigatory Techniques 85Chapter 1Set the Table 87Chapter 2A Pottery Shard Is the Key to Financial Archaeology 89Chapter 3Dinosaur Fossils Teach Us the Power of Inductive Logic 93Chapter 4The Wobble of a Star Suggests a Planetary Companion 95Chapter 5Burning the Trash Leads to UBL 97Chapter 6Denial Is Not a River in Egypt 99Chapter 7Learn How to Track Parallel Dockets 101Chapter 8Sir Isaac Commands You to Watch for the Reaction 105Chapter 9Pottery Shards in the Credit Report 107Chapter 10Tax Liens Are the Wobbling Stars 109Chapter 11The Wizardry of Financial Statement 111Chapter 12Finding Real Money in Old Financial Statements 115Chapter 13The Insider's Secured Loans Are an Asset Protection 121Chapter 14Olly Olly Oxen Free! Where Can You Find the Financial Records? 123Chapter 15Read the Loan Documents of Third Parties 125Chapter 16Peek-a-Boo, I See You 127Chapter 17If the Entity Is Still Alive, the Entity Might Have Assets 131Chapter 18Yelp Is the New Sherlock Holmes 133Chapter 19Teddy Roosevelt Charged Up San Juan Hill to Become President 135Chapter 20Personal Drive Will Get You What You Want 137Section 4Dangerous and Crazy Persons Lurk Behind the Next Door 139Chapter 1This World Is Full of Crazy Characters, Dangerous Psychopaths, and CleverLawyers, All of Whom Might Be the Same Person 141Chapter 2The Good Old Days Offered You Half a Hand 143Chapter 3Barbary Coast Justice 145Chapter 4Getting an Eye Gouged Out 147Section 5Foraging for the Right Ingredients 149Chapter 1Who Is the Debtor and What Is the Debtor? 151Chapter 2Secretary of State 153Chapter 3Fictitious Business Name Filings 155Chapter 4UCC Filings and Real Property Recordings 157Chapter 5State Board of Equalization 159Chapter 6Professional Licenses 161Chapter 7Liquor Licenses 163Chapter 8Regulator's Site for the Publically Held Companies 165Chapter 9Public Utilities Commission 167Chapter 10U.S. Patent and Trademark Office and U.S. Copyright Office 169Chapter 11Courts and Other Tribunals (Administrative Agencies) 171Chapter 12Credit Reporting Agencies and Search Services 173Chapter 13Checks, Sellers and Buyers of Products, Online Banking Services, and the Brickand Mortar Banks Are Clues, Arrows, and Even Xs" 175Chapter 14Who Needs James Bond When the Federal Freedom of Information Act andState Sunshine Laws Offer You the Keys to the Kingdom? 179FOIA Keys to the Federal Archives 179Kicking Open the FOIA Door 183What Is RequiredNot Much 184Get Out Your Checkbook 185Chapter 15Transfers to Trusts Never Work; Transfers to Trust Always Work 187Section 6Marooned on a Desert Island 189Chapter 1Getting Stalled, Stayed or Facing a Bond: Robinson Crusoe Wears Wingtips 191Chapter 2Beating Out the Stay 193Chapter 3The BondShaken and Never Stirred 195Chapter 4Thrown Under the Judgment Bus 199Chapter 5Shooting Yourself in the FootOuch! 201Chapter 6Some Judgments Are Empty 203Chapter 7Best Asset Protection in Town 207Chapter 8Why Bother Defending When the Defendant Has Nothing to Lose? 209Kiss Me First, Al 210Section 7Finding a Right Home 213Chapter 1The Choice Between Federal and State Court: Choose Wisely, Dr. Jones 215Chapter 2One Court Might Offer More Treasure 219Chapter 3The Power of Discovery: Which Court Is Better? 221Chapter 4Tent Pole Jurisdiction 223Section 8Kitchen Implements and the Grand Techniques to Make aSouffle 225Chapter 1The Writ of ExecutionThe Key to Power 227Chapter 2The Writ of Execution Is the Secret Discovery Tool 237Chapter 3Kicking Over the Log and Finding a Pile of Money 241Chapter 4Separating the Debtor from Its Property 245Chapter 5The Moose Club 247Chapter 6Storage Lockers 249Chapter 7God Is My Copilot 251Chapter 8Boats 253Chapter 9As Long as the Property Is Not Per Se Immune, You Can Take Anything 255Chapter 10Credit Card Processors 257Chapter 11Selling Falling Water 259Chapter 12Collecting Big Money for a $12 Investment 263Chapter 13Kicking Grandpa and Grandma Out of Their HomesteadAlmost 265Chapter 14What Is a Sheriff's Deed? 267Chapter 15Laundering Title Documents 269Chapter 16Can You Seize Alimony? 271Chapter 17Monies Due from Factors, Financiers, Escrow Agents, Disbursement Agents 273Chapter 18Funds or Property Held by Bank as Collateral for a Loan or to Secure a CreditFacility 275Chapter 19Can a Judgment Creditor Levy on a Line of Credit? 277Chapter 20Examinations of the Debtor and Third Parties (OEXs) and PostjudgmentDiscovery 281Chapter 21Can You Serve Hundreds or Thousands of Subpoenas? How? 283Chapter 22Be Fearless and Not Fearful; Be Direct and Be Prepared 285Chapter 23Money Makes the World Go Round, Mein Herr 289Chapter 24Subpoena the Lawyer for Records That Show Payment for Services 291Chapter 25Postjudgment Written DiscoveryFederal and State Court 293Chapter 26Getting Tossed Out of Court by the Judge 295Chapter 27Blocking Statutes 299Chapter 28Turnover Orders and Dead Cold Hands, Mr. Heston 303Chapter 29The Great Turnover 305Chapter 30Assignment Orders 309Chapter 31Collecting from Movie Stars and Music Idols 315Chapter 32Big Men Make Big Mistakes, Get Themselves into a World of Hurt, and How toHide the Money 319Chapter 33You Gotta Make Them Believe 321Chapter 34The Creditor's Suit 323Chapter 35Receiverships 327Chapter 36Abracadabra Jurisdiction 335Chapter 37Passive Liens 337Chapter 38Remedies 339Chapter 39Platform Litigation Unlocks Access to Power 341Chapter 40Confirmation of Liens and Levies 343Chapter 41The Boogeyman Is Coming to Get You 345Section 9Foolish and Very Stupid People 347Chapter 1What to Do About Jerks 349Chapter 2You Can Bluff Your Way Out 351Chapter 3Terror on the Kitchen Counter 353Oh. You Will Be. You Will Be." 353Can Some Nutcase File Liens Against Me? 354The Medium Is the Message 355Lawyers, Clients, and Everyone Else Associated with the Filer Are AllTargets 355Will These Liens Surface? 355What Are the Financial and Personal Consequences of These Liens? 356Bogus Liens Destroy Lawsuits 356The Donut Hole in the Uniform Commercial Code 356The UCC Excuse 357Chapter 4Blackmail 359Blackmail and the Bright-Line Rule Test 361Group 1: 361Group 2: 362Rules Now Written Far More Clearly 363The Line in the Judicial Sand 365Section 10Settlements and Potholes in the Road to Money 367Chapter 1Cash Is King, and Everything Else Is a Joke 369Chapter 2Rudiments of Payment Programs 371Chapter 3Noneconomic Terms and Contempt 377Chapter 4Settlement Negotiations Are Games of Bluffs, Lies, Threats, and Blusters 381Chapter 5Jumping Out of the Settlement Plane Without a Parachute 385Chapter 6How Phony Liens Cower a Party in a Settlement Conference 387Chapter 7When Are You in Contract? 389No Deal is Perfect 390Chapter 8The Settlement Is the Grand Bargain 391Chapter 9Remediation in Grand Bargain Strategy 393Chapter 10Making a Settlement Stick 395Chapter 11Potholes in Settlements 397Chapter 12Risks Topple the Vigilant 405Section 11No Money Is No Money 409Chapter 1The Money Is Gone and Learn to Take a Hike from the Case 411Chapter 2Recognize the Debtor as a Thief and Recalibrate the Prospect of Collection 415Chapter 3Poor Man's Bankruptcy 417Chapter 4Gone with the Wind Is a Generally Accepted Accounting Term 419Section 12The Battle to Save the Assets from Enforcement 421Chapter 1Eating Your Lunch 423Chapter 2Hide Assets in a False or Misleading Name 425Chapter 3Comedy of Errors of First and Middle Names 427Chapter 4Children Can Hide Money 429Chapter 5Parking Money with Spouses and Girlfriends 431Chapter 6Bury the Money with Limited Liability Companies or Partnerships 435Chapter 7Prosecuting the Debtor 437Chapter 8Play Hide and Go Seek 439Chapter 9Names Are the Best Asset-Protection Device 443Chapter 10Safe Harbor Immunizes the Property from Later Attack 447Chapter 11Mother Hubbard Beats Out the Fraudulent Conveyance Lawsuit 449Chapter 12Learn the Tricks of Truly Protecting Assets 451Chapter 13Basic Earmarks of a Fraudulent Conveyance 455Chapter 14How to Unpeel the Onion of the Asset-Protection Scheme 457Chapter 15Irrevocable Trusts Destroyed 459Chapter 16Some Assets Go Out the Back Door 467Section 13Here Is Where You Can Find the Money 469Chapter 1Here Are Your Treasure Maps 471Chapter 2Capturing Real Estate 483Chapter 3Transfer to a Closely Related Entity Is Always Fraudulent 485Chapter 4Badges of Fraud 487Chapter 5The Preliminary Change of Ownership Report 491Chapter 6Bad Deal for the Debtor 493When Was the Conveyance Made? 494Conveyances in Groups or Batches 495What Is Wrong with the Transaction? 495Section 14Trial 499Chapter 1The Easy Enforcement 501Chapter 2Get Ready to Go to Court 503Chapter 3Introduction to Litigation of Claims by Third Parties 505Chapter 4The Third-Party Claim 507Chapter 5Third-Party Claim Trials 509Chapter 6Expert Testimony at a Fraudulent Conveyance Trial 511Chapter 7The Family Law Code Offers Many Tricks 513Chapter 8New Lawsuits and More Lawyers 517Section 15Hide and Seek for Wandering Money 519Chapter 1The Repositories 521Chapter 2Nontraditional Online Banking 523Chapter 3Reverse Credit Card Balances 529Chapter 4Portable Wealth 531Chapter 5One-Stop Shopping 535Chapter 6Captive Insurance Is the Latest and Greatest 537Section 16The Story of If I Did It 541Section 17Secrets of the Chef 553Chapter 1Star Trek Convention 555Chapter 2Do You Really Want to Find the Bank Account? 557Chapter 3Random Levies for Bank 559Chapter 4How to Find a Bank Account 561Chapter 5Fictitious Business Names Mask Money 563Section 18Bills of Lading 565Chapter 1Bills of Lading Are Treasure Maps 567Chapter 2Reaching Offshore Debtors Through U.S. Subsidiaries 569Chapter 3Grabbing Goods off the High SeasYo, Ho, Ho and Shiver Me Timbers 571Chapter 4Who Owns the Cargo? 575Chapter 5Getting a Lien on the Cargo 577Chapter 6Looking for the Bank Account in Maritime Records 581Section 19Where Is the Money? 583Chapter 1Retentions Due Contractors 585Chapter 2Ponzi Schemes 587Chapter 3Odds and Ends 589Judgments and Suits Due the Debtor 589The Recorded Deed of Trust, or UCC, in Favor of the Debtor 590How Do I Rid Myself of Fraudulent Conveyances? 590Chapter 4Baseline Information to Discover Assets 593Chapter 5Credit Grantors Have Lots of InformationJust Ask 595Chapter 6The 1099INT Is the X" 597Chapter 7Canceled Checks, PayPal Disbursements, and Credit Card Statements Are thePottery Shards 599Chapter 8Reconstructing the Revenue Streams 603Chapter 9Dinosaur Fingernails Unwind Fraudulent Conveyances 605Section 20The Final Frontier, SpockBankruptcy 609Chapter 1Ingredients of Bankruptcy 611Chapter 2Paint by the Numbers: Chapters 7, 9, 11, 12, 13, and 15 613Chapter 3When the Debtor Files Bankruptcy, Whoa Nelly! 615Chapter 4Secret Bankruptcies and Beauty Contests 619Chapter 5Embrace Bankruptcy, Martha, and Save Yourself a Crockpot of Dough 621Chapter 6Chasing People Down in Bankruptcy Court 623Chapter 7Debris in the Judicial Slipstream 625Chapter 8Asset Protection in a Mega-Chapter 11 629Section 21You Can't Eat Soup with a Knife 635Index 637

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Book SynopsisThis new fifth edition is a quick reference guide for anyone who deals with a bankruptcy case including judges, lawyers, paralegals, credit managers, collection agents, professors, law students, and others participating in bankruptcy cases or study. It has been updated to incorporate the latest and most relevant Code and Rule changes. The Checklist is organized by chapter of the Bankruptcy Code (i.e., 1, 3, 5, 7, 11, 13, and 15), and, within each chapter, by Code section, with additional sections covering those items typically needed upon the filing of a case, rules on adversary proceedings, appeals, and notices. Due to the minimal number of Chapter 9 and 12 cases filed, deadlines under those Chapters are not included. The Checklist is meant to be a list of all of the potential deadlines in a case; it certainly is not necessary (and indeed would be unlikely) to use each deadline in a particular case. To use the Checklist, simply look up the relevant Code section(s), which appear in numerical order and in the Index. Cross-references for applicable Rules are provided. Code sections or Rules in bold designate the primary section or Rule containing the relevant deadline. Each deadline in the Checklist has a corresponding space for the insertion of a due date, so that the user may calculate and maintain a master list of deadlines in each case if that is desired. The Checklist has been printed in an easily transportable size for ease of use at your desk, in court, at seminars, or in client meetings.

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Book SynopsisAn essential resource to help lawyers develop greater familiarity and understanding of bankruptcy law, this handbook provides entry into bankruptcy analysis and processes for practitioner's embarking on identifying, asserting, objecting to and/or defending claims in a bankruptcy case and evaluating the manner that claims may be treated. Providing a starting point for legal analysis, highlighting key issues, and answering key questions, this handbook provides guidance on: A summary of debtor's duties, the preparation of the debtor's schedules, and a chart with the debtor's assets and liabilities The life cycle of the claim, from onset to the contents, effects, timing and location of filing, concluding with rules regarding amendments to a claim Secured claims and transitions into unsecured claims Reclamation claims or the right of a vendor to demand the return of certain delivered goods from the debtor, including ordinary course of business requirement, insolvency, receipt of goods, the substance and timing of written demand and identity of the goods The definition of administrative claims and the types of claims that qualify for administrative status Claims objection process, including disallowance of claim and consequences of disallowance Rejection damages claims definition and the nuances of rejection remedies for tenants whose landlords reject their leases A new chapter on the intersection of claim dischargeability and the claims process And much more!

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Book SynopsisModern fraudulent transfer law dates back to the Roman era, however, fraudulent transfer law in the U.S. closely reflects the law developed in England and the Statute of 13 Elizabeth. This unique guide tracks the historical development of this ancient creditors' rights law, as well as addresses and warns against fraudulent wealth transfer. Wealth transfer planning is a legitimate service if done properly. However, it is important for all parties impacted by the transfer of wealth to understand the scope and application of fraudulent transfer law. This book discusses the factors involved with the fraudulent transfer of wealth and outlines steps that planners can take to minimize a transaction's exposure to avoidance. Proactive measures that creditors can take to reduce the chance of losing assets or legal measures to restore the creditor are discussed. Real-life scenarios are included to show where advisers face liability for their role in facilitating the transfer of wealth meant to frustrate a creditor's claim. Today, the transfer of wealth can still be challenged successfully using centuries' old fraudulent conveyance law. This book includes an extensive listing of case law that provides ample opportunity for creditors to analyze new strategies by analogy to old tricks. This book will guide wealth transfer planners to plan for their clients successfully, while navigating complex fraudulent transfer laws to ensure the effective transfer of wealth.

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Book SynopsisEnvironmental Bankruptcy Law covers such topics as: A brief history of bankruptcy law and its general purposes and key concepts (Chapter 2) The different chapters of the Bankruptcy Code (Chapter 3) The timeline of a typical bankruptcy case (Chapter 4) Key statutory provisions (Chapter 5) Obtaining information in bankruptcy cases (Chapter 6) Filing proofs of claim and administrative expense applications (Chapter 7) The distinction between the treatment of compliance obligations versus the treatment of monetary liabilities under environmental bankruptcy law and the differences in treatment based on whether an environmental bankruptcy issue involves "property of the estate." (Chapter 8) The Practice Guide then examines the case law that addresses: The obligation to comply with nonbankruptcy law in managing and operating "property of the estate" (Chapter 9) The scope of the police or regulatory exception to the automatic stay (Chapter 10) Equitable remedies such as cleanup orders and bankruptcy law (Chapter 11) The priority of environmental claims and compliance obligations compared to other claims and liabilities (Chapter 12) When environmental claims arise and become dischargeable in bankruptcy (Chapter 13) Options for dealing with contaminated property owned by the bankruptcy estate (Chapter 14) Free and clear sales of contaminated property under bankruptcy law (Chapter 15) Plan confirmation objections based on feasibility, provisions forbidden by law, and the permissible scope of discharge of environmental liabilities (Chapter 16) Estimation and adjudication of environmental claims in bankruptcy (Chapter 17) Abandonment of contaminated property in bankruptcy (Chapter 18) Insurance coverage when addressing environmental liabilities in a bankruptcy proceeding (Chapter 19) Discussions of jurisdictional and standing issues in environmental bankruptcy cases including withdrawal of the reference (Chapter 20) and environmental settlements (Chapter 21).

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Book SynopsisTogether, the four co-authors have taught bankruptcy courses at more than 20 very different law schools; one of them sat as a bankruptcy judge for nine years; and all four have substantial practice experience. Drawing on their diverse experience, they have prepared original text, problems, and edited cases with three goals in mind: (1) introduce students to one new bankruptcy concept at a time, (2) show students the connection among the various concepts and (3) give the students a sense of how these bankruptcy concepts are utilized in both the smallest personal and largest business bankruptcy cases.

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Book Synopsis25 years after being published, Bounce Back From Bankruptcy remains the first and most popular book on rebuilding your life after bankruptcy, whether you are newly bankrupt or your bankruptcy was discharged years ago.When you want to avoid credit whenever possible, want to learn how to "do credit right", or you find yourself already drowning in debt after bankruptcy, this edition is specifically designed to give you an easy-to-follow roadmap for becoming financially solvent and financially secure.When you finish reading this book, you''ll: feel fully empowered to determine how and when you want to spend your money quickly and easily analyze credit and financing offers -- including secrets creditors don''t want you to know  stop being at the mercy of creditors and their high interest rates simply because you''ve "gone bankrupt" develop new skills for handling money more effectively effortlessly begin saving money confidently know whether you''re making a financial decision out of fear or because it''s truly the best financial decision for you and your goals never again jump at credit offers out of fear  know you can take or leave any credit offer and still have what you want Includes updated details on how to select the best post-bankruptcy credit cards, home buying programs, car buying or leasing options, credit-less travel options, and effortless savings strategies -- plus step-by-step guidance for repairing your credit, paying off debt that wasn''t discharged in your bankruptcy, and taking control of new debt after bankruptcy.Discover for yourself the power of the "after bankruptcy" book attorneys and trustees recommend above all others, and reclaim your financial self-confidence.

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Book SynopsisComparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-packaged approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings. The book offers a comparative and critical analysis of the law and practice of the pre-pack approach to corporate rescue in the UK, the USA, and in key EU jurisdictions, and explains the reasons behind the popularity of the UK as forum law for European companies approaching insolvency. Highlighting the advantages and shortcomings of the process, Bo Xie discusses in depth the different approaches adopted in these various jurisdictions to deal with opportunistic use of pre-packs. She also considers proposals to redress the balance within UK pre-packaged administrations by inserting higher transparency and scrutiny safeguards.This highly topical study is a must-read for scholars and legal practitioners working in the fields of corporate insolvency and restructuring.It will also prove of great value to insolvency regulators owing to its topical and in-depth analysis of current developments in the law.Trade Review'The focus of this text is on the pre-pack strategy, but the author sensibly locates this analytical spotlight within the broader environment of corporate insolvency law, particularly the rescue context. Bo Xie engages fully with the heated debate(s) associated with pre-packs and supports her analysis with extensive underpinning research drawn from scholarly literature, practitioner insights and policy documents. The work is lucid and comprehensive with a strong comparative element. Deserving of wide readership, It is an essential primary point of reference for any future discourse within the field.' --David Milman, Lancaster University, UK'Dr Xie's book is the first work of comparative legal scholarship of which I am aware that deals comprehensively with the emergence of pre-pack insolvencies across a range of jurisdictions, legal traditions and institutional settings. It is an excellent resource for any academic, policymaker, regulator or practitioner interested in understanding convergence and divergence in law and practice in the UK, US and Europe as regards this aspect of insolvency law.' --Adrian Walters, Illinois Institute of Technology'This is a scholarly and comprehensive analysis and critique of the popular ''pre-pack'' form of administration of an insolvent company. As well as a detailed account of the UK law, there is material on comparable mechanisms under US, French, German and Dutch law. The analysis leads to some very important recommendations for improvement of the current UK position. All policy-makers, academics and students with an interest in the subject should read it.' --John Birds, University of Manchester and University of Sheffield, UKTable of ContentsContents: Preface PART I Introduction 1. Corporate Rescue - The New Orientation of Insolvency Law PART II Pre-packs in the UK 2. A Critical Appraisal of The Rise of Pre-pack Administrations 3. Pre-pack Business Sales to Connected parties – The Uneasy Case for Pre-pack Administrations 4. Safeguards for Creditors – An Evaluation of UK Reform Initiatives PART III Pre-packs in the USA 5. Pre-packaged Reorganisation under Chapter 11 6. Pre-Plan Sales under s 363(b) under Chapter 11 PART IV Pre-packs in Europe 7. The Use of the Pre-pack Approach in Key European Jurisdictions 8. Pre-packs and Insolvency Forum Shopping PART V Conclusion 9. Conclusion Index

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Book SynopsisIn 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. Chapters trace the historical path of both law and policy analysis, with a focus on how the bankruptcy process serves underlying policy objectives. Proposals to reform corporate bankruptcy are presented. Research Handbook on Corporate Bankruptcy Law includes policy analysis by both lawyers and economists and is thus an invaluable resource to law scholars and students interested in the economic analysis of corporate bankruptcy law, as well as to economics and business scholars and students studying the law of corporate bankruptcy. These pages will prove equally valuable to lawmakers and judges who are interested in policy analysis of corporate bankruptcy. Contributors include: K. Ayotte, D.G. Baird, A.J. Casey, T.H. Jackson, M.B. Jacoby, E.J. Janger, S.J. Lubben, E.R. Morrison, J.A.E. Pottow, R.K. Rasmussen, M.J. Roe, A. Schwartz, M. Simkovic, D. Skeel, R. Squire, G. Triantis, M.J. White, T.J. ZywickiTrade Review‘Readable and guiding contributions concerning fundamental issues of large group corporate bankruptcies. In Europe, the book will prove equally valuable to lawmakers and scholars with an affection for law and economics policy analysis of the theme.’ -- Bob Wessels, Professor Emeritus of International Insolvency Law, Leiden University, the Netherlands and Expert Advisor on Insolvency and Restructuring Law of the European CommissionTable of ContentsContents: Foreword Douglas G. Baird Introduction Barry E. Adler 1. Bankruptcy’s Logic and Limits in the 21st Century: Some Thoughts on Chapter 11’s Evolution and Future Thomas H. Jackson 2. The End of Bankruptcy Revisited Robert K. Rasmussen 3. Bankruptcy Sales Melissa B. Jacoby and Edward J. Janger 4. The New Synthesis of Bank Regulation and Bankruptcy in the Dodd-Frank Era David Skeel 5. Derivatives and Repos in Bankruptcy Mark J. Roe 6. Distress-Triggered Liabilities and the Agency Costs of Debt Richard Squire 7. On the Mandatory Stay of Secured Creditors in Bankruptcy Kenneth Ayotte 8. Debtor-in-Possession Financing in Bankruptcy George G. Triantis 9. Beyond Options Anthony J. Casey and Edward R. Morrison 10. The Treatment of Secured Credit in Bankruptcy: A Unified Model Michell J. White 11. Making Fraudulent Transfer Law More Predictable Michael Simkovic 12. The Costs of Corporate Bankruptcy: How Little We Know Stephen J. Lubben 13. The Chrysler and General Motors Bankruptcies Todd J. Zywicki 14. Cross-Border Corporate Insolvency in the Era of Soft(ish) Law John A. E. Pottow 15. Bankruptcy Related Contracting and Bankruptcy Functions Alan Schwartz Index

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Book SynopsisThe Insolvency Law Handbook is essential for professionals called upon to advise debtors faced with personal or corporate insolvency, or their creditors. Thoroughly updated, this step-by-step guide carefully explains each of the main insolvency processes, highlighting the key decisions to be made, the options available and the potential pitfalls.

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Book SynopsisCritically analyzing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions. Using the US and Norway as comparator countries, the expert authors identify areas where disparities in national laws produce problems that have impacts outside national boundaries. They analyse these against key policy goals including; improving economic performance throughout the EU, Promoting a more competitive business environment, efficient asset allocation and building more stable and sustainable human capital in terms of support for entrepreneuers and responses to consumer overindebtedness. The book also considers possible reform and harmonisation measures situated against the wider contextual background of the Capital Markets Union and the Europe 2020 agenda of promoting jobs and growth. Discerning and practical, European Insolvency Law will appeal to academics in both insolvency and finance as well as Insolvency practitioners and lawyers. Its reform suggestions will be of interest to EU Member States' government departments as well as providing a useful reference for Consumer associations and Debt charities.Trade Review'This very topical and focused study, delivered by a top-notch academic team, responds to the topics that are right at the heart of the European Commission policy to harmonise certain preventive restructuring measures throughout the EU. This purpose-designed study provides essential elements towards the development of practical and workable solutions and will provide insight for legislators, insolvency law scholars, comparatists and practitioners, stimulating debate in Europe and beyond.' --Bob Wessels, University of Leiden, the Netherlands'This is an important and timely document which will serve as a highly valuable resource and reference point for many types of user in the years to come. The comprehensive coverage of the insolvency laws of all current Member States of the EU, plus the two comparator jurisdictions, on the key topics selected for analysis provides the most complete picture of the current state of law and practice to have been compiled. The involvement of national experts from all the jurisdictions surveyed ensures that this study is both authoritative and reliable, as well being commendably up-to-date (to the closing weeks of 2015). The numerous comparative tables, giving accessible insight into the workings of so many diverse jurisdictions ''at a glance'', backed up by detailed textual analysis and comment, combine to deliver a vital reference tool for policy reformers and legislators, as well as for scholars and researchers exploring the areas of business failure and insolvency, and consumer over-indebtedness, in an increasingly globalised and inter-connected world.' --Ian Fletcher, University College London, UK'The European Union strives for harmonisation of national insolvency laws. This task requires a solid foundation of meticulously collected and evaluated facts on the insolvency laws of the Member States. Convincingly designed and knowledgeably drafted, the present book offers comprehensive and detailed information on important fields of insolvency law, drawn from a comparison of national regulations. The volume is a treasure chest for all lawyers and politicians who work on the comparison and harmonisation of European Insolvency Laws.' --Reinhard Bork, University of Hamburg, GermanyTable of ContentsContents: 1. Directors’ Liability and Disqualification 2. Insolvency Practitioners (Administrators, Liquidators, Supervisors, Mediators etc.) 3. Ranking of Claims and Order of Priorities 4. Avoidance and Adjustment Actions 5. Procedural Issues Relating to Formal Insolvency Proceedings 6. Commission Recommendation on a New Approach to Business Failure and Insolvency 7. Second Chance for Entrepreneurs 8. Consumer Over-indebtedness Bibliography Index

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