Bankruptcy and insolvency Books
£26.25
Amazon Digital Services LLC - Kdp Bankruptcy Magic
£12.19
De Gruyter Der Gläubiger in Der Gesamtvollstreckung:
Book Synopsis
£146.78
Independently Published Credit Repair Secrets
£13.96
Independently Published United States Bankruptcy Code
£13.66
Independently Published Broke Not Broken
£27.23
Edinburgh University Press Scottish Commercial Law Essentials
Book SynopsisThis book covers key material for Scots commercial law courses.
£19.06
Bloomsbury Publishing PLC Corporate Administrations and Rescue Procedures
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
£251.75
Bloomsbury Publishing PLC Corporate Insolvency: Employment and Pension
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
£152.00
Bloomsbury Publishing PLC Buying and Selling Insolvent Companies and
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
£123.50
Michigan Legal Publishing Ltd. United States Bankruptcy Code; 2023 Edition
£15.29
De Gruyter §§ 103-128
Book Synopsis
£154.70
Kohlhammer Insolvenzrecht
Book Synopsis
£25.20
Duncker & Humblot Hochstpersonlichkeit Und Delegationsbefugnis Des
Book Synopsis
£59.92
Duncker & Humblot GmbH Steuerverfahrens und ertragsteuerrechtliche
Book Synopsis
£79.92
Duncker & Humblot GmbH Korrektur der Vorsatzanfechtung durch das
Book Synopsis
£59.42
Duncker & Humblot GmbH Die Schiedsvereinbarung in der Insolvenz
Book Synopsis
£63.92
Duncker & Humblot GmbH Die verschärfte Masseunzulänglichkeit
Book Synopsis
£71.92
Nomos Verlagsgesellschaft Sanierungsrecht: Starug U Inso
Book Synopsis
£127.20
Nomos Verlagsgesellschaft Die Fortfuhrungsvereinbarung in Der Insolvenz
Book Synopsis
£54.40
Nomos Verlagsgesellschaft Die Praxis Der Forderungsvollstreckung
Book Synopsis
£67.15
De Gruyter Das Gesamtgrundpfandrecht in der Insolvenz: Unter besonderer Berücksichtigung seiner Entstehung
Book Synopsis[The Gesamtgrundpfandrecht (Blanket Mortgage) in Insolvency. With Special Consideration to its Creation]How does a blanket mortgage work in the mortgagee's insolvency proceedings? This question led the author to the present investigation. The thesis moves between the laws regarding safeguarding of creditors and insolvency. After penetrating the doctrine behind its creation, the blanket mortgage is woven into the instruments regulating insolvency law. The creation and defeasibility of the blanket mortgage is analyzed after investigating the structure and organization of this overarching right in rem by examining its counterpart in lien law.One of the piece's linchpins is the teleology of Sections 1132 and 1222 German Civil Code. This leads back to the basic Roman legal principle of the entirety of the pledge liability - indivisa pignoris causa -. By using this principle and the structural principles and guidelines of property law, conclusions necessary for the legal creation of a blanket mortgage are drawn and then entered into the system of restraint on alienation and acquisition pursuant to Sections 81, 91 German Insolvency Statute (Insolvenzordnung) as well as those for contesting insolvency pursuant to Sections 129 ff German Insolvency Statute.
£107.95
The University of Chicago Press Bankrupt in America A History of Debtors Their
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
£45.60
University of Toronto Press Ruin and Redemption The Struggle for a Canadian
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
£51.00
Edward Elgar Publishing Ltd American Business Bankruptcy
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
£29.40
Edward Elgar Publishing Ltd English Corporate Insolvency Law
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
£38.90
John Wiley & Sons Inc Bankruptcy Taxation 4E websit
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
£175.50
Edward Elgar Publishing Ltd Comparative Insolvency Law: The Pre-pack Approach
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
£114.00
Edward Elgar Publishing Ltd Research Handbook on Corporate Bankruptcy Law
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
£170.00
Edward Elgar Publishing Ltd European Insolvency Law: Reform and Harmonization
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
£144.00
Edward Elgar Publishing Ltd Research Handbook on Cross-Border Bank Resolution
Book SynopsisSince the great financial crisis, many countries across the globe have witnessed the introduction of new recovery and resolution regimes for banks. The Research Handbook on Cross-Border Bank Resolution analyses the strengths and weaknesses of the current regulatory framework for resolving cross-border bank crises and proposes avenues for improvement. This cutting edge Research Handbook includes a broad range of perspectives of the regulatory and economic infrastructure of the banks themselves, third parties, and real life case studies, on both a domestic and, in particular, an international level. Chapters are authored by eminent experts in the field with contributions from the US, EU, Japan and China. With its comprehensive and rounded analysis of cross-border bank resolution, this wide-ranging Research Handbook will be of value to academics and researchers across the globe. The practical issues and policy recommendations included will also be of benefit for policy makers within the banking sector and bankers and lawyers alike.Trade Review'The editors have assembled an outstanding group of scholars to tackle the cutting-edge subject of international bank resolution.' --Jay L. Westbrook, University of Texas at Austin, USTable of ContentsContents: Introduction Part I Regulatory and economic infrastructure 1. Global solution Michael Anderson Schillig 2. Cross-border coordination of bank resolution in the EU: all problems resolved? Jens-Hinrich Binder 3. A macro approach to international bank resolution Dirk Schoenmaker Part II Bank perspective 4. Early intervention Andrew Campbell and Paula Moffatt 5. The EU bank resolution rules and national insolvency law Lynette Janssen 6. International insolvency law and EU bank resolution rules Bob Wessels 7. Corporate governance of SIFI risk-taking: an international research agenda Steven L. Schwarcz and Aleaha Jones Part III Third party perspective 8. Resolution and contracts Francisco J. Garcimatín Alférez and Sara Sánchez Fernández 9. Resolution and market infrastructures Luigi R.F. Sciusco 10. Judicial protection in cross-border bank resolution J.T. Tegelaar and M. Haentjens 11. Conflict-of-law issues Matthias Lehmann Part IV Case studies 12. Banco Espírito Santo João Cunha Marques 13. Lehman Brothers Treasury Frédéric Verhoeven 14. Cross-border bank resolution in Japan Tomoaki Hayashi and Hideki Kanda 15. An analysis of the development of cross-border crisis management in China’s bankruptcy law and regulations Armstrong Chen Part V Conclusions 16. Conclusions Matthias Haentjens, Bob Wessels and Shuai Guo Index
£177.00
Edward Elgar Publishing Ltd Creditor Treatment in Corporate Insolvency Law
Book SynopsisThe significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.Key features include: an exploration of aspects of corporate insolvency law in need of reform an extensive examination of the rights and priorities of secured and unsecured creditors in English corporate insolvency law an analysis of the impacts of key legislative developments, such as the Insolvency (England and Wales) Rules 2016, and recent case law, such as the Supreme Court decision in the Lehman Waterfall case a unique consideration of bank insolvency regimes in the context of creditor treatment. Creditor Treatment in Corporate Insolvency Law is a specialist guide for legal practitioners and members of the judiciary looking for a clear account of current law and practice in this field. It is also a valuable doctrinal treatment of the law for scholars of corporate insolvency law, and will be of interest to policymakers involved in debates about reforms to creditor treatment and secured transactions law.Trade Review‘The book is geared primarily towards practitioners and the judiciary.. Nevertheless, this monograph is more than appropriate for research purposes in the areas of corporate insolvency and corporate finance.’ -- Eugenio Vaccari, Eurofenix‘The Elgar insolvency series presents legal titles in a format that allows for ease of navigation to a particular point of law, each written by specialists in their respective fields, often with insight either from private practice or from an academic perspective. This work by Dr Akintola not only fulfils that intention, but his insights are compelling, eloquent and address several imperati ve questions. The concise discussion on the case law and statutory provisions make the work accessible, and the arguments easy to follow - an impressive act given the technical nature of the subject. The way in which this book has been written will mean that it maintains its relevance, and importance in future discussions that concern creditor treatment, including the task of the UK reforming its insolvency system for the post-Brexit era. There is no doubt that this work will offer an authoritative statement on the law and practice of credits in regard to corporate insolvency. This book will be of interest to legal practitioners, members of the judiciary and academics who require knowledge of creditor treatment and associated issues.’ -- John M Wood, Insolvency Intelligence‘This book uses a mixture of empirical data, doctrinal argument and policy analysis to re-examine the issues arising from the use of secured financing by a company in the situation where security is most crucial: the insolvency of the debtor. It is an interesting and lively addition to the debate as to how English law should respond to this situation.’ -- Louise Gullifer, University of Cambridge, UK‘Dr Kayode Akintola’s new book Creditor Treatment in Corporate Insolvency Law tackles the most significant issues affecting creditors in corporate insolvency in a robust and sophisticated manner. It is lucid and compelling; written in easy and accessible prose, it presents complex issues and arguments simply and clearly. It is a work of great scholarship and probably the most significant contribution to English corporate insolvency law in the last decade. This welcome addition to the scholarship on corporate insolvency law will appeal to practitioners, academics, students, policymakers and indeed anyone interested in the principles or policies underlying English corporate insolvency law.’ -- Fidelis Oditah QC, South Square, UK'Dr Akintola's thoughtful, comprehensive exposition of how debt finance shapes insolvency law and how the law's various priority ordering techniques affect debt finance cements his place as a member of the UK's exciting new generation of insolvency law scholars. He usefully illuminates many of the issues that are at stake as the UK embarks on the task of reforming its insolvency system for the post-Brexit era.' -- Adrian Walters, Chicago-Kent College of Law, USTable of ContentsContents: Foreword Part I - Credit and the Company 1. The Company, its Capital and Insolvency 2. Variants of Credit Part II - Creditor Treatment in Corporate Insolvency Law 3. Principles of Creditor Treatment 4. The Treatment of Unsecured Creditors 5. The Treatment of Secured Creditors Part III - Closing: Creditor Treatment in Special Insolvency Proceedings 6. Bank Insolvency Proceedings Index
£136.00
Edward Elgar Publishing Ltd A Guide to Consumer Insolvency Proceedings in
Book SynopsisSince the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic.Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions.This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.Contributors include: E. Andreeva, R. Bodis, J. Bojars, C. Booth, D. Cerini, A. Demetriadi, M. Dordevic, K. Farry, O. Fromholdt, E. Fronczak, J. Garasic, D. Grant, R. Harrison, E. Hellstrom, F. Helsen, J.-O. Heuer, V. Hoffeld, P. Jaatinen, G. Janoshalmi, B. Holohan, N. Jungmann, T. Kadner Graziano, S. Kantara, P. Keinert, B. Lurger, M. Melcher, L. Montrasio, J. Morais Carvalho, R. Norkus, A. Orgaard, D. Orsula, G. Piazza, J.P. Pinto-Ferreira, K. Pisani Bencini, M. Porzycki, A. Rachwal, M. Reymond, P. Rubellin, V. Sajadova, P. Sprinz, M.E. Storme, T. Tofaridou, H. Vallender, F.J.A. Varona, I. Venieris, P. Viirsalu, O. Zaitsev, A. Zetko, L.G. ZidaruTrade Review‘This book briefly discussed here will be a very helpful tool for insolvency practitioners and judges. The book may certainly assist policy makers, academics and legislators in at least understanding the different rules and practice and the way countries try to improve the quality of their legal systems.’ -- Bob Wessels blogTable of ContentsContents: Preface Part I COMPARATIVE ANALYSIS Consumer Insolvency Proceedings in Europe: An Introduction to Consumer Over-Indebtedness and Debt Relief Jan-Ocko Heuer 2. Consumer insolvency proceedings: comparative legal aspects Veronika Sajadova Part II COUNTRY REPORTS Structure of Country Reports 3. Austria Martina Melcher and Brigitta Lurger 4. Belgium Matthias E. Storme and Frederic Helsen 5. Bulgaria Emilia Andreeva and ‘Andreeva and Penov’ Law Firm 6. Croatia Jasnica Garašić 7. Cyprus Aquilina Demetriadi, Stalo Kantara and Tania Tofaridou 8. Czech Republic Petr Sprinz 9. Denmark Anders Ørgaard 10. England and Wales Rachel Harrison, edited by David Grant 11. Estonia Veronika Sajadova and Peeter Viirsalu 12. Finland Pekka Jaatinen and Anna-Kaisa Remes 13. France Pascal Rubellin and Christopher Booth 14. Germany Patrick Keinert and Heinz Vallender 15. Greece Iakovos Venieris 16. Hungary Gábor Jánoshalmi, Adrienn Zetkó and Richárd Bódis 17. Ireland Bill Holohan and Keith Farry 18. Italy Diana Cerini, Lorenzo Montrasio and Giulia Piazza 19. Latvia Veronika Sajadova 20. Lithuania Veronika Sajadova, edited by Rimvydas Norkus 21. Luxembourg Véronique Hoffeld and Emilia Fronczak 22. Malta Krista Pisani Bencini 23. The Netherlands Nadja Jungmann and Tamara Madern 24. Poland Marek Porzycki and Anna Rachwał 25. Portugal Jorge Morais Carvalho and João Pedro Pinto-Ferreira 26. Romania Liviu Gheorghe Zidaru 27. Russia Oleg R. Zaitsev 28. Slovakia Dávid Oršula 29. Slovenia Miodrag Dordević 30. Spain Fco. Javier Arias 31. Sweden Erik Hellström 32. Switzerland Michel J. Reymond Index
£271.00
Edward Elgar Publishing Ltd Corporate Governance and Insolvency:
Book SynopsisThis important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.Key Features: Examination of the position of all stakeholders in an insolvent company, both before and during an insolvency regime Specialist explanation of what corporate governance entails and the recent developments that have occurred in relation to corporate governance as it affects insolvent companies In-depth consideration of the role of creditors, shareholders, the Insolvency Service, special managers and creditors’ committees during periods of insolvency as well as the role and functions of directors and insolvency practitioners who are the main focus Offering critical advice and bringing awareness of important issues, Corporate Governance and Insolvency will be a key reference work for lawyers and insolvency practitioners. The legal analysis provided will also be valuable to academics and students of corporate and insolvency law and governance.Trade Review‘While the book is highly technical and addresses a specific aspect of insolvency law, the accessibility of the language used will benefit researchers or students new to this top. Overall, this work deserves a place on the shelves of anyone with an interest in the corporate governance aspects of insolvency law. In particular, the book will appeal to lawyers and insolvency practitioners, as well as domestic and international higher-education students, early career academics, as well as more senior scholars.’ -- International Company and Commercial Law Review (ICCLR)‘This book, written by three well-credentialed UK lawyers, is an ambitious and important project. While the book is written with mostly English law references, it is relevant for Australian readers. This is particularly so, as Australia and many other parts of the world enter a less certain time for companies under pressure with longer-term pandemic impact and rising interest rates. There is much that may be learned from observing how other jurisdictions deal with common problems.I recommend this book for your considered reading.’ -- David Morrison, Insolvency Law Review Journal‘The book comes with a powerful endorsement in the foreword from Sir Alistair Norris. The book is geared primarily towards a specialist audience of lawyers and insolvency practitioners, who will find the comprehensive and detailed practical guidance provided in the book as a most helpful support in their work. For its accurate and comprehensive analysis of case law and doctrinal issues, the book is an equally highly recommended addition to the libraries of a more academic audience of scholars and researchers. As mentioned by the Hon. Mr. Justice Zaccaroli in his endorsement, the analysis is delivered in plain English with clear and practical guidance and the work comes as highly recommended. Researchers or students who are approaching this topic for the first time should not be discouraged by the technical nature of the topic, as the first five chapters provide a comprehensive, accurate but easy-to-understand explanations of the foundational topics covered in it. Such a clear analysis of complex issues had only been possible thanks to the expertise and knowledge of its authors.’ -- Eugenio Vaccari, International Insolvency Review‘This book provides a comprehensive yet highly readable account of all aspects of corporate governance as it applies to companies either in or on the verge of insolvency. It is highly recommended to directors, insolvency practitioners and those advising them for its in-depth treatment of difficult subjects such as the meaning of insolvency and the content and timing of the directors’ duty to take account of creditors’ interests, all delivered in plain English and with clear and practical guidance.’ -- The Honourable Mr Justice Zacaroli, a Justice of the High Court, Chancery Division‘An illuminating work, lucid and insightful, on an important – yet overlooked – topic. When a company is insolvent, whether before or after the commencement of a formal insolvency process, what duties are owed and by whom? Where does accountability lie? Who are the relevant stakeholders? This book focuses on the roles of not only officers and insolvency practitioners, but also those of the regulators, the Insolvency Service and the official receiver. It is an essential point of reference for lawyers and IPs alike.’ -- – Marcia Shekerdemian QC, Wilberforce Chambers, UKTable of ContentsContents: Foreword by Sir Alastair Norris Preface 1. Introduction to Corporate Governance and Insolvency 2. The meaning and features of corporate governance 3. Introduction to insolvency 4. Governance where the company is insolvent but not in an insolvency regime 5. Decision-making in insolvent regimes 6. Directors in formal insolvency 7. The role and work of insolvency practitioners in insolvent regimes 8. The control of insolvency practitioners 9. Creditors’ and liquidation committees 10. Special managers 11. Role of the Insolvency Service Index
£161.00
Edward Elgar Publishing Ltd Redefining Harmonisation: Lessons from EU
Book SynopsisProviding a definition of the concept of harmonisation within the context of the European Union, this timely book debunks the idea that EU harmonisation measures are made behind closed doors in Brussels and imposed, top-down, on the Member States.Promoting the vision of the EU as an arena of dialectic law-making, Redefining Harmonisation tackles the most debated issues within the study of harmonisation, including ambiguity of language, ambiguity of objectives in European law, and a declining level of support for further European integration. Emilie Ghio examines the purpose of harmonisation through an analysis of the most important provision of EU primary law, Article 114(1). Chapters analyse the core elements of Article 114(1), namely the link between harmonisation and the internal market, the role of the Member States in the harmonisation process, and the harmonisation language adopted by the EU. Ghio puts this analysis to the test by studying harmonisation in action, through case studies on EU primary law.Offering an in-depth exploration of the concept of EU harmonisation through the lens of European insolvency law, this book will be an insightful read for students interested in EU law and the law-making process. This will also be a useful resource for insolvency law and governance scholars, looking to develop their knowledge of this growing topic.Trade Review‘This is an imaginative work that is well-researched and well-thought-out. The concepts are clearly presented and definitions elucidated well. It is a work that invites thoughtfulness in how it goes beyond a utilitarian description of the process to consider the fundamentals of that process. What is more important, though, is that it attempts to provide answers to questions that were once considered, but which have been side-lined in the quest for more and more harmonisation. Thus, this work deserves a place on the shelves of anyone who has ever encountered the dynamics of restructuring and insolvency and posed the question why.’ -- Paul Omar, International Insolvency Review‘A number of audiences are likely to find this an interesting book. These include readers interested in the concept of harmonisation of laws and in the practical issues inherent in drafting legislation, broadly defined; as well as readers from outside Europe, who are interested in the evolution and internal dynamics of the EU. The author brings together useful multi-disciplinary perspectives on defining and reconceptualising harmonisation, through the lens of the EU and a specific case study of the dynamic EU insolvency law.’ -- Rosalind Mason, Queensland University of Technology, AustraliaTable of ContentsContents: 1. Introduction: the harmonisation debate in the EU PART I HARMONISATION ISSUES 2. Issue n. 1: the harmonisation language 3. Issue n. 2: the purpose of harmonisation 4. Issue n. 3: harmonisation in (times of) crisis PART II HARMONISATION IN ACTION 5. Harmonisation in action: European insolvency law PART III RETHINKING HARMONISATION 6. Defining harmonisation 7. Reconceptualising harmonisation Bibliography Index
£88.00
Edward Elgar Publishing Ltd Advanced Introduction to Cross-Border Insolvency
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.Trade Review‘This book is expertly and clearly written by one of the leading experts in the field. The language is technical but not difficult, and people approaching this field for the first time will have no difficulty in understanding the basics of the subjects covered in its eight chapters. The book comes as highly recommended for those who conduct research on this topic for the first time and/or who would like to enrich their knowledge by referring to key cases and other publications in the area.’ -- Eugenio Vaccari, International Company and Commercial Law Review‘This latest addition to the very impressive oeuvre of Prof. Reinhard Bork in the field of (cross-border) insolvency law provides a comprehensive, clear and convincing treatise of issues relevant in a cross-border insolvency context. Bork addresses matters of jurisdiction, applicable law, recognition, cooperation and coordination, secondary proceedings, the position of foreign creditors in domestic proceedings and group insolvencies on the basis of both the European Insolvency Regulation and the UNCITRAL Model Law on Cross-Border Insolvency. It is a “must read” for everyone working in or studying insolvency law. I am convinced that it will find its way to and benefit practitioners and scholars around the globe.’ -- P.M. (Michael) Veder, Radboud University, the Netherlands
£98.67
Edward Elgar Publishing Ltd Advanced Introduction to Cross-Border Insolvency
Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.The Advanced Introduction to Cross-Border Insolvency Lawprovides a clear and concise overview of cross-border insolvency law with particular focus on the rules governing insolvency proceedings that occur between and across countries. Increasingly, such proceedings have an international dimension, which may involve, for example, debtors with assets abroad, foreign creditors, contractual agreements with counterparties in different jurisdictions, or companies with offices or subsidiaries in a different country. The book expertly steers the reader through the complex interactions between national and supra-national rules, international model laws, and the principles that underpin them. Key Features: Uses numerous practical examples to illustrate key concepts Provides both in-depth information for advanced readers and accessible information for beginners in the field Succinctly evaluates case law and literature Follows a comparative law approach with a principle-based methodology in order to fully explore the most important issues This enlightening Advanced Introduction will be of great benefit to those studying company, commercial, and private international law, as well as to the non-specialist practitioner. Insolvency scholars will also appreciate the astute insights.Trade Review‘This book is expertly and clearly written by one of the leading experts in the field. The language is technical but not difficult, and people approaching this field for the first time will have no difficulty in understanding the basics of the subjects covered in its eight chapters. The book comes as highly recommended for those who conduct research on this topic for the first time and/or who would like to enrich their knowledge by referring to key cases and other publications in the area.’ -- Eugenio Vaccari, International Company and Commercial Law Review‘This latest addition to the very impressive oeuvre of Prof. Reinhard Bork in the field of (cross-border) insolvency law provides a comprehensive, clear and convincing treatise of issues relevant in a cross-border insolvency context. Bork addresses matters of jurisdiction, applicable law, recognition, cooperation and coordination, secondary proceedings, the position of foreign creditors in domestic proceedings and group insolvencies on the basis of both the European Insolvency Regulation and the UNCITRAL Model Law on Cross-Border Insolvency. It is a “must read” for everyone working in or studying insolvency law. I am convinced that it will find its way to and benefit practitioners and scholars around the globe.’ -- P.M. (Michael) Veder, Radboud University, the Netherlands
£21.00
Edward Elgar Publishing Ltd The European Restructuring Directive
Book SynopsisThis comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.Key features include: a unique contextualisation of the Directive, situating it against the backdrop of earlier European initiatives identification of important parallels with the UK scheme of arrangement and the new UK restructuring plan procedure embodied in the Corporate Insolvency and Governance Act 2020 a comparison of the Directive with Chapter 11 of the US Bankruptcy Code, the United Nations Commission on International Trade Law legislative guide on insolvency, and the World Bank’s Insolvency and Creditor Rights and Doing Business projects. This important new book provides a detailed and practical analysis of the Directive and the implications for its transposition into national laws, making it an essential work for insolvency lawyers and practitioners, as well as EU policy makers. It will also be critical reading for academics and students of law, particularly those interested in commercial, insolvency, corporate and European law.Trade Review‘The European Restructuring Directive makes a welcome contribution to the ongoing debates among academics, practicing lawyers and policymakers on the preferred and balanced solutions to rescue financially distressed businesses. Its publication could not have been timelier.’ -- Ilya Kokorin, Eurofenix'In this excellent new book, Gerard McCormack adopts a contextual approach to the European Restructuring Directive, examining its implementation options against the choices which countries have made in the design of real-world restructuring tools. The book is both an invaluable guide to the principal features of the Directive, full of McCormack's trademark insights, and an invaluable reference on almost every aspect of restructuring law, from theory to the fundamental concepts which determine how a restructuring procedure is constructed.' -- Sarah Paterson, London School of Economics, UK'This is an impressive analysis of the terms of and policy behind this EU Directive, which takes effect in July 2021. It is written by the leading academic commentator in the field. McCormack's understanding of the wider issues shines through as this Directive is subjected to forensic scrutiny. The text is set against the broader regulatory environment in the EU and contains valuable comparative insights. It will be a seminal work on the subject to be read with interest by academics and practitioners from any jurisdiction having an interest in the subject.' -- David Milman, Lancaster University, UKTable of ContentsContents: Preface 1. Introduction 2. Recognition and enforcement of preventive restructuring procedures across Europe 3. Access and control 4. Stays (moratoria) on the enforcement of rights against a debtor 5. New finance and restructuring related transactions 6. Restructuring plans and their confirmation 7. Debt discharge and individual entrepreneurs 8. Improving the efficiency of restructuring, insolvency and debt discharge procedures Index
£153.00
Edward Elgar Publishing Ltd EU Insolvency Law: Cross Border Insolvency Law in
Book SynopsisThis comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK.Taking an accessible approach, Gerard McCormack examines key aspects of the regulations such as the opening of main and secondary insolvency proceedings, as well as applicable law and special rules in respect of security rights, rights in rem, transactional avoidance and set-off rights. Chapters also cover recognition of the opening of insolvency proceedings and of insolvency and related judgements, interactions between mean and secondary proceedings, the role of insolvency practitioners and courts, and the treatment of creditors.EU Insolvency Law will be critical reading for lawyers working in insolvency law, as well as other insolvency practitioners such as accountants. It will also be of interest to academics and students in the field, as well as policy makers in the EU and elsewhere, including national officials.Trade Review‘Professor McCormack’s works are essential for anyone interested in insolvency law, in particular in its international and comparative dimension. With his usual expertise, this time he offers us a new and insightful approach to the European Insolvency Regulation. Undoubtedly, a reference book of compulsory reading for lawyers, judges and academics.’ -- Francisco Garcimartín, Universidad Autónoma de Madrid, SpainTable of ContentsContents: Preface 1. The EU Insolvency Regulation: cross-border recognition and enforcement across Europe 2. Main insolvency proceedings 3. Secondary and territorial proceedings 4. Insolvency-related Actions 5. Applicable law – the general rule 6. Applicable law 2: special cases and exceptions 7. Courts, insolvency practitioners, creditors and groups of companies 8. Recognition and enforcement of insolvency proceedings and insolvency-related judgments 9. UNCITRAL Model Law on Cross-Border Insolvency compared with the European Insolvency Regulation 10. Public policy and the enhanced Model Law regime Index
£122.40
Edward Elgar Publishing Ltd American Business Bankruptcy: A Primer
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.American Business Bankruptcy explores specialized proceedings like brokerage liquidations, pre-packaged chapter 11 cases, and 363 sales. Professor Lubben also reviews the transnational aspects of modern American bankruptcy practice, and explains chapter 15 of the Bankruptcy Code, which allows for foreign insolvency proceedings to be ‘recognized’ in U.S. courts.U.S law students and junior attorneys, international insolvency professionals, and non-legal professionals, including bankers and accountants, will appreciate this practical synthesis, which includes citations and guidance for further research.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
£90.00
Edward Elgar Publishing Ltd Cross-Border Protocols in Insolvencies of
Book SynopsisCross-border insolvency protocols play a critical role in facilitating the efficient resolution of complex international corporate insolvencies. This book constitutes the first in-depth study of the use of insolvency protocols, enriching existing knowledge about them and serving as a comprehensive introduction to their application in the context of multinational enterprise group insolvency. It traces the rise of insolvency protocols and discusses their legal basis, contents, effects, major characteristics and limitations.Key features include: proposition of a Group Insolvency Protocol (GIP) design a comprehensive study of around 50 insolvency protocols from 1992 to 2020 analysis of major international insolvency law instruments, modern trends and developments in the area of insolvency of enterprise groups practical recommendations for drafting an insolvency protocol, addressing problems related to their adoption and offering suggestions for the improvement of group coordination exploration of the nature of insolvency protocols and pertinent issues including the preservation and realization of material assets, resolution of intercompany claims, information exchange, conflicts of interest, participation rights and group governance in insolvency. Cross-Border Protocols in Insolvencies of Multinational Enterprise Groups will be an indispensable resource for insolvency practitioners, lawyers, judges and policy makers, whilst also being of value to scholars and students concerned with insolvency law and corporate governance.Trade Review‘This is a most useful reference book that addresses an important part of the long run and likely continuing interest and involvement in business conducted via multinational groups. Those who practice in the area will find it a valuable addition to their library.’ -- David Morrison, Insolvency Law Review Journal‘This is a most useful reference book that addresses an important part of the long run and likely continuing interest and involvement in business conducted via multinational groups. Those who practice in the area will find it a valuable addition to their library.’ -- David Morrison, Insolvency Law Review Journal‘An excellent book.’ -- Elina Moustaira, Eurofenix‘The book is highly recommended as it represents an essential tool for researchers, academics and judges, as well as professionals and law-makers.’ -- Eugenio Vaccari, International Company and Commercial Law Review'A long awaited and welcome analysis of insolvency protocols for over three decades, tracing their common foundations and developments, combining theoretical ambition and empirical depth, making this volume essential reading for practitioners, judges and scholars with an interest in solving complex cross-border insolvency problems.' -- Richard A. Gitlin, former President of INSOL International and the American Bankruptcy Institute, US'In many common law jurisdictions insolvency protocols have been embraced for the benefit of global restructurings of large enterprise groups. The European Union has introduced detailed rules on cooperation and coordination in group insolvency cases in 2015 and since then the practice of insolvency protocols has been institutionalized. This has not led to any visible increase in the use of protocols in Europe. The authors explore why this might be the case. They masterfully combine a thorough analysis of national, regional and international insolvency law instruments with a detailed study of more than 45 insolvency protocols. An impressive and timely contribution, which follows modern debates and new developments. It is an excellent text for advanced undergraduate courses and an outstanding reference work for established professionals.' -- Reinhard Bork, Professor, University of Hamburg, Germany, Radboud University Nijmegen, the Netherlands, and former Judge at the Court of Appeal, Hamburg, GermanyTable of ContentsContents: Preface 1. Introduction to Cross-border Protocols in Insolvencies of Multinational Enterprise Groups 2. The phenomenon of multinational enterprise groups 3. Insolvency of multinational enterprise groups 4. Cross-border insolvency protocols and agreements: Introduction and evolution UNCITRAL and facilitation of cross-border insolvency cooperation: From entity to enterprise 6. European Insolvency Regulation (Recast) and group insolvencies 7. Legal nature of cross-border insolvency protocols 8. General features and limitations of insolvency protocols 9. Cross-border insolvency protocols and national law 10. Recommendations for use of insolvency protocols in group insolvencies 11. Bank insolvencies and cooperation agreements between resolution authorities 12. Recommendations for protocols in group insolvencies 13. Group insolvency protocol design 14. Annex Bibliography Index
£159.00
Edward Elgar Publishing Ltd Individual Voluntary Arrangements: Law and
Book SynopsisWith individual voluntary arrangements assuming an increasingly dominant position within personal insolvency law over the last 35 years, this timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it. Key Features: Overview of the essential nature of the law and its effect on the debtor, the creditors, and third parties Focus on the law as it currently stands, together with an analysis of how this has changed and developed Review of primary documents, including the proposal and the statement of affairs Examination of the procedures involved, the statutory framework in which those procedures are embedded, and the interpretation of this framework that has been applied by the courts Providing an informed and extensive review of the law, it will be invaluable to insolvency practitioners, lawyers, and judges working with individual voluntary arrangements. Accessible and concise in its analysis, it will also be useful to students and scholars of insolvency law researching voluntary arrangements.Trade Review‘I found the book extremely clearly structured and well written. This is an invaluable tool for researchers, as the different chapters and parts of the book can be read and analysed separately. The content in both the main body of the book and its footnotes facilitates the understanding of how these procedures work in practice, and identifies areas where further research and reforms are needed. I also believe that legal advice centres and debt advice charities would greatly benefit from consulting this book, as the information provided within is extremely useful in guiding or advising their clients and customers.’ -- Eurofenix‘This timely book presents a concise yet authoritative guide to this formal debt relief mechanism. It analyses the statutory framework and how this has been interpreted and applied by the courts, as well as the policies that guide it. I found the book extremely clearly structured and well written. This is an invaluable tool for researchers like me, as the different chapters and parts of the book can be read and analysed separately.’ -- Eugenio Vaccari, International Insolvency Review‘This is an impressive new text analysing the most popular of the debt resolution methods available under English Law. Alaric Watson has produced an excellent insight into the contemporary IVA regime. This outstanding text stands out for its authoritative commentary on both the underlying policy and minutiae of the full life-cycle of the IVA regime. Context is provided by clear explanation of the interface with other personal insolvency regimes. It is highly recommended as being essential reading for both practitioners and policymakers.’ -- David Milman, Lancaster University, UK‘When they were introduced in 1987 IVAs were simple; since then we have turned them into schemes and devices of some complexity with the introduction of lengthy “standard conditions” and the imposition of customary “rules” about duration, fees and what certain kinds of creditors gradually came to expect. The removal of compulsory court oversight turned a bespoke product into a factory product. The law has grown commensurately. Alaric Watson’s book claims to fill a market gap by offering a guide through this complexity in the form of a “concise, readable, reliable text book”. At approximately 240pp, this work is indeed concise, but its 12 chapters are readable and reliable too. I wish the first edition every success.’ -- – Stephen Baister, Three Stone, UKTable of ContentsContents: Preface PART I OVERVIEW 1. Introduction 2. Nature and effect 3. Death and taxes PART II THE PRIMARY DOCUMENTS 4. The proposal 5. Statement of affairs PART III INITIATING PROCEDURES 6. Interim orders 7. The alternative procedure PART IV DECISION AND CHALLENGE 8. The nominee and the decision 9. Challenge PART V IMPLEMENTATION 10. Extant bankruptcy proceedings 11. Implementation and supervision 12. Ending the IVA index
£130.00
Edward Elgar Publishing Ltd Bankruptcy: Law and Practice
Book SynopsisBankruptcy: Law and Practice presents a comprehensive guide to the law of bankruptcy in England and Wales and how it is applied in practice, focusing on this key area of personal insolvency law in order to provide a full understanding of how these laws operate.Alaric Watson and Stephen Baister provide an up-to-date and in depth analysis of every aspect of bankruptcy law. In addition, this new work also examines the historical and socio-economic context in which this field of law operates and the policies that govern it, the impact of the death or incapacity of the debtor, the interrelationship between bankruptcy and both matrimonial law and employment law and various cross-border considerations.Key Features: Exploration of the jurisdictional and procedural requirements for initiating bankruptcy proceedings and their immediate effects Insights into the role and powers of the Official Receiver and the trustee in bankruptcy, and the administration of the estate and the realisation of assets Investigation into the undoing of antecedent transactions Discussion of the processing of creditors’ claims and the distribution of dividends and how orders may be reviewed, appealed or annulled Bankruptcy: Law and Practice is essential reading for lawyers, insolvency practitioners, academics and students concerned with issues relating to personal insolvency. Trade Review‘[Bankruptcy: Law and Practice] is written by two well known experts [whose] practical experience has materially influenced the quality of this book and amply justifies its subtitle Law and Practice. It describes the English law bankruptcy process in all its detail and facets. The English case law – listed, as is usual in works of this kind, in a 42 page table of cases – is clearly and comprehensively analysed. It is not an academic text but is directed at legal practice, but nonetheless a product to be recommended and which deserves a wide readership.’ -- Reinhard Bork, Journal of Restructuring and Insolvency‘This work is invaluable as a tool of reference for all insolvency officeholders, lawyers and stakeholders who specialise in bankruptcy. Both the legal and practical aspects of the bankruptcy process are comprehensively addressed and clearly explained from both a creditor’s and a debtor’s perspective. It is up to date and includes analysis of recent case law such as Manolete v Hayward. The relevant case law and legislation are clearly referenced throughout. The quality is assured by these experienced and eminent authors. A must buy!’ -- Christina Fitzgerald, Edwin Coe LLP’A much needed, up-to-date, and wide-ranging review and eminent comment on bankruptcy in England and Wales. This isn’t only a go to book for legislative updates and comment but the writers have considered the historical background and context needed when considering bankruptcy matters. This is an excellent read not just for industry professionals but for those with even a general interest in bankruptcy.’ -- Ian Defty, Begbies Traynor group, UKTable of ContentsContents: Preface PART I OVERVIEW 1. Introduction 2. The legal framework PART II INITIATING THE BANKRUPTCY PROCESS 3. Jurisdiction 4. Inability to pay 5. Creditors’ bankruptcy petitions 6. Debtors’ bankruptcy applications 7. Effects of bankruptcy proceedings PART III ADMINISTRATION OF THE ESTATE 8. The Official Receiver 9. The trustee in bankruptcy 10. The bankruptcy estate 11. Investigatory powers 12. Realisations and the bankrupt’s home 13. Antecedent transactions 14. Communicating with creditors 15. Proving and distribution 16. Annulment, recission and appeals 17 Duration and discharge 18 Bankruptcy restrictions orders and undertakings 19 Matrimonial and employment law 20 Death and incapacity 21 Bankruptcy offences 22 Cross-border considerations Index
£195.00
Edward Elgar Publishing Ltd Research Handbook on Corporate Bankruptcy Law
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
£47.45
Edward Elgar Publishing Insolvency Litigation
Book Synopsis
£216.33
Edward Elgar Publishing Ltd Executory Contracts in Insolvency Law: A Global
Book SynopsisExecutory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.Key Features: Contributions from more than 40 insolvency law experts Exploration of ipso facto clauses and procedural issues Consideration of the economic impact of the COVID-19 pandemic Targeted footnote references, including non-English sources, for further reading Rigorous coverage of recent developments and reforms and discussion of the procedural challenges they present Incisive analysis of insolvency law in a broad range of countries, including those with emerging economies and with hybrid systems of law Substantially revised material, including wholly rewritten chapters on Germany and Singapore and a brand new chapter on South Korea Providing a globalised and comparative perspective on executory contracts in insolvency law, this book will be an invaluable tool for legal practitioners requiring a cross-border perspective on the subject as well as academics and researchers in the field. Policy makers and institutions seeking to introduce insolvency law reforms in their home countries can draw from the comparative nature of the book to devise better, more effective reforms.Trade Review‘The treatment of executory contracts in insolvency differs significantly across jurisdictions. Therefore, getting a comprehensive understanding of the different approaches existing around the world is not an easy task. Fortunately for the insolvency community, Professor Jason Chuah and Dr Eugenio Vaccari have helped us navigate that challenge by leading this excellent book that is expected to become an essential reading for practitioners, academics, judges and policy makers.’ -- Aurelio Gurrea-Martínez, Singapore Management University, SingaporeTable of ContentsContents: Preface xxxiv Table of cases xxxvi Table of legislation xxxvii 1 A thematic and comparative evaluation of executory contracts and ipso facto clauses 1 Jason Chuah PART I COMMON LAW SYSTEMS 2 Executory contracts in insolvency: The Australian perspective 30 Elizabeth Streten 3 Executory contracts in insolvency: The Bangladeshi Perspective 51 Morshed Mannan, Muhammad Mahbubur Rahman and Borhan Uddin Khan 4 Executory contracts in insolvency: The English Perspective 66 Eugenio Vaccari 5 Executory contracts in insolvency: The Indian perspective 89 Indrajit Dube 6 Executory contracts in insolvency: The New Zealand perspective 103 Scott Abel 7 Executory contracts in insolvency: The Singaporean Perspective 119 Lee Zheng Hui Sean 8 Executory contracts in insolvency: The US perspective 142 Roberta Righi and Jessica Winters PART II NORDIC/BALTIC SYSTEMS 9 Executory contracts in insolvency: The Danish perspective 161 Line Herman Langkjaer 10 Executory contracts in insolvency: The Finnish perspective 178 Jarmo Tuomist 11 Executory contracts in insolvency: The Lithuanian perspective 193 Frank Heemann and Andrius Juškys PART III CIVIL LAW SYSTEMS 12 Executory contracts in insolvency: The Albanian perspective 213 Gelanda Shkurtaj 13 Executory contracts in insolvency: The Argentinian perspective 228 H.ctor Jos. Miguens 14 Executory contracts in insolvency: The Austrian perspective 247 Felix Kernbichler 15 Executory contracts in insolvency: The Chinese perspective 265 Yingxiang Long and Rebecca Parry 16 Executory contracts in insolvency: The Croatian perspective 284 Jasnica Garašić and Siniša Petrović 17 Executory contracts in insolvency: The French perspective 310 Emilie Ghio 18 Executory contracts in insolvency: The German perspective 328 David Christoph Ehmke and Annika Wolf 19 Executory contracts in insolvency: The Greek perspective 348 Loukas Panetsos 20 Executory contracts in insolvency: The Italian perspective 363 Rolandino Guidotti 21 Executory contracts in insolvency: The Japanese perspective 385 Chun Jin and Stacey Steele 22 Executory contracts in insolvency: The Dutch perspective 402 Marco Verdonk and Rolef de Weijs 23 Executory contracts in insolvency: The Panamanian perspective 422 Jos. Maria Lezcano Navarro 24 Executory contracts in insolvency: The Russian perspective 440 Dmitry Konstantinov 25 Executory contracts in insolvency: The Slovenian perspective 455 Katja Zdolšek 26 Executory contracts in insolvency: The South Korean perspective 471 Chiyong Rim 27 Executory contracts in insolvency: The Spanish perspective 491 Jos. Carles and Carlos Cuesta 28 Executory contracts in insolvency: The Turkish perspective 508 Çağlar Kaçar PART IV HYBRID OR MIXED SYSTEMS 29 Executory contracts in insolvency: The Canadian perspective 522 Alfonso Nocilla 30 Executory contracts in insolvency: The South African perspective 538 Clement Marumoagae 31 Executory contracts in insolvency: The United Arab Emirates and its free zones 557 Christian Chamorro-Courtland
£220.00
Edward Elgar Publishing Ltd The Harmonisation of Transaction Avoidance in the
Book SynopsisThis timely book offers a comprehensive exploration of the issue of transaction avoidance in the European Union (EU). Contributing to the formation of harmonised avoidance rules in the EU, it analyses the existing transaction avoidance regimes in cross-border scenarios as provided by the Recast European Insolvency Regulation and other EU regulations. Combining a private international law approach with substantive rules of transaction avoidance to improve the EU insolvency system, Oriana Casasola examines the theoretical framework of transaction avoidance and harmonisation. Comparing the avoidance actions available within and outside of the insolvency proceedings in England, Germany and Italy, chapters propose an alternative harmonisation of the transaction avoidance rules which fits within the current EU private international law framework. The book concludes by addressing the European Commission’s Directive for the harmonisation of certain aspects of insolvency law and evaluates the possible issues emerging from the proposed rules. Offering solutions for harmonisation of existing transaction avoidance regimes, this book will be essential reading for students and scholars of company and insolvency law, corporate law and governance, and EU law. It will also be beneficial for legal practitioners and policymakers interested in international insolvency law.Trade Review‘This is a clear and insightful discussion of transaction avoidance provisions in insolvencies. There is a detailed comparative analysis of avoidance laws in three major European jurisdictions, as well as a suggested original approach that might be adopted to most effectively address transaction avoidance in the EU, stopping short of full harmonisation.’ -- Rebecca Parry, Nottingham Trent University, UK‘Rules on the avoidance of transactional avoidance are critical in any insolvency law system. Dr Casasola has produced a carefully researched and timely work which will be of much value to anyone considering transactional avoidance in the European Union. The book is made even more timely by the European Commission’s proposals for a Directive that will include the harmonisation of transaction avoidance provisions. The book helpfully examines these proposals.’ -- Andrew Keay, University of Leeds, UK‘A fascinating study of transaction avoidance law within the context of insolvency in Europe. Examines in detail English, German and Italian law and points to differences and similarities in the respective legal systems. Critically considers the backdrop to recent EU harmonisation endeavours in the field and addresses how these efforts may end up multiplying rather than eliminating differences. Fully referenced and thorough in its treatment of sources.’ -- Gerard McCormack, University of Leeds, UKTable of ContentsContents: 1. Introduction to the Harmonisation of Transaction Avoidance in the EU 2. Definitions and Theoretical Framework of Transaction Avoidance and Harmonisation 3. The European Union Approach to Cross-Border Insolvency and Avoidance Actions: Issues within the Current Framework 4. A Comparative Analysis of Insolvency Transaction Avoidance of England, Germany and Italy 5. A Comparative Analysis of Private Law Transaction Avoidance Claims of England, Germany and Italy 6. The Harmonisation of Transaction Avoidance Addendum: the proposal for a directive of the European parliament and of the council harmonising certain aspects of insolvency law Index
£90.00
Edward Elgar Publishing Ltd The Interpretation and Value of Corporate Rescue
Book SynopsisThis incisive book critically explores the principles, purpose and application of corporate rescue in order to bring new significance to rescue theory. Responding to key legislative developments and recent case law, it examines major insolvency theories and establishes which theoretical principles are prominently applied in practice, and whether these principles have affected the drivers of policy consideration.John M. Wood gives unique consideration to value within a corporate failure and rescue context, focusing on the issue of identifying the value of a company and its assets so that optimal rescue outcomes can be realised. Wood provides a detailed examination of the professional discretion afforded to insolvency practitioners to determine how commercial decisions, like rescue proposals, are construed.The in-depth analysis of key cases such as Re One Blackfriars Ltd and legislation including the Corporate Insolvency and Governance Act 2020 will prove invaluable for both practitioners and policy makers exploring corporate insolvency and rescue reform. It will also be of interest to scholars and students of insolvency law, as well as company law more broadly.Trade Review‘This book makes for a valuable contribution to the growing literature on the UK corporate insolvency law regime and the efficiency of the rescue culture. In addition to presenting established theoretical approaches, this book builds upon this knowledge and develops the concept of value preservation that adds new insights to existing discussions, a wealth of detail is provided as the various themes underpinning corporate rescue are scrutinised. The publication of this book is timely as the world emerges from COVID-19 and is currently battling a “costs of living” crisis. Scholars, practitioners, or policymakers seeking to understand current UK perspectives on corporate rescue will find Wood’s insights valuable. Thus, this work deserves a place on the shelves of anyone with an interest in UK corporate insolvency and rescue law. Its accessibility will appeal to domestic, as well as international higher-education students, early career academics, as well as more senior scholars.’ -- Emilie Ghio, International Company and Commercial Law Review‘This is a timely evaluation of UK insolvency law that has a modern feel and will be important as the world emerges from Covid-19. It builds upon established theoretical approaches and adds fresh insights through development of a concept of preservation of value. It draws upon a good range of other sources, both legal and nonlegal, and will be inspiring to readers, as well as providing an excellent introduction to the subject.’ -- Rebecca Parry, Nottingham Trent University, UKTable of ContentsContents: Foreword Preface 1. Introduction to corporate rescue 2. The pursuit of a corporate rescue objective 3. Corporate insolvency law theories and the rescue endgame 4. The value within the failed company 5. The value of corporate rescue 6. The interpretation of rescue and its value 7. The role of the courts and their input in rescue proceedings 8. Rescue in practice Index
£94.00
