The Law and Practice of Restructuring in the UK and US

The Law and Practice of Restructuring in the UK and US

Author: Shai Y. Waisman

Publisher: Oxford University Press, USA

Published: 2011-04-07

Total Pages: 535

ISBN-13: 0199583773

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The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Law of Bankruptcy

Law of Bankruptcy

Author: Charles Jordan Tabb

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781634599276

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"[This book provides an] analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more."--


Debt's Dominion

Debt's Dominion

Author: David A. Skeel Jr.

Publisher: Princeton University Press

Published: 2014-04-24

Total Pages: 296

ISBN-13: 1400828503

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Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.


United States Code

United States Code

Author: United States

Publisher:

Published: 2013

Total Pages: 1506

ISBN-13:

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"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.


Basic Bankruptcy Law for Paralegals

Basic Bankruptcy Law for Paralegals

Author: David L. Buchbinder

Publisher: Aspen Publishing

Published: 2020-02-02

Total Pages: 640

ISBN-13: 1543813747

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The Eleventh Edition of Basic Bankruptcy Law for Paralegals builds on previous editions and offers a concise integration of theory and practice as a basis for improved learning. It presents readable and succinct descriptions of the bankruptcy system with an emphasis on the paralegal’s role at every stage of a bankruptcy proceeding. With thorough coverage of the practical aspects of representing debtors or creditors, this popular text prepares students to succeed as paralegals in all areas of bankruptcy. It focuses on the nuts and bolts of commercial bankruptcies, including the Chapter 11 process. New to the Eleventh Edition: Coverage of the Small Business Reorganization Act of 2019 throughout the book Updates to the Official Bankruptcy Forms Citations to recent and noteworthy case opinions The most recent statutory adjustment of dollar exemption amounts (and other provisions) in the Bankruptcy Code Professors and students will benefit from: Straightforward writing that explains basic consumer bankruptcy in ordinary English Thorough coverage of bankruptcy including both consumer and creditor representation A helpful overview of the bankruptcy code and rules A comprehensive introduction to client interview skills and the client interview process An integrated narrative fact pattern allowing students to learn the topic of each chapter interactively Step-by-step guidance through the paralegal’s role at every stage of the bankruptcy proceeding Simple instructions for completing and submitting documentation in a timely manner Detailed treatment of means testing, including a tutorial A wealth of helpful teaching aids within the book, including: Examples, procedural checklists, summaries of the law, discussion questions, learning objectives, and a glossary of common bankruptcy terms