Orderly and Effective Insolvency Procedures
Orderly and Effective Insolvency Procedures

Author: International Monetary Fund

Publisher: International Monetary Fund

Published: 1999-08-02

Total Pages: 108

ISBN-13: 9781557758200

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Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

Insolvency Timing and Managerial Decision-Making
Insolvency Timing and Managerial Decision-Making

Author: Frederik Drescher

Publisher: Springer Science & Business Media

Published: 2013-09-25

Total Pages: 205

ISBN-13: 365802819X

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​Frederik Drescher addresses the timing of non-mandatory insolvency filings based on threatening illiquidity (§ 18 InsO) with the aim of a company's restructuring as an agency problem between owners and management. The hypothesis of a tendency towards delayed insolvency filings, which was developed using a decision model, is experimentally confirmed. Moreover, the author analyzes different incentive instruments potentially leading to earlier insolvency filings.

Insolvency Law
Insolvency Law

Author: Andrew R. Keay

Publisher: Jordan Publishing (GB)

Published: 2008

Total Pages: 0

ISBN-13: 9781846611193

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Covering the subject of insolvency law, this text contains detailed academic analysis where necessary and also covers areas of debate and controversy in the subject. Insolvency is set in its social, economic and historical context and brief extracts for judgements and statutes are given.

Debt and Federalism
Debt and Federalism

Author: Thomas G.W. Telfer

Publisher: UBC Press

Published: 2022-02-01

Total Pages: 282

ISBN-13: 0774867310

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The legal meaning of bankruptcy and insolvency law has often remained elusive, even to practitioners and scholars in the field, despite having been enshrined in Canada’s Constitution since Confederation. Federal jurisdiction in this area must be measured against provincial powers over property and civil rights, among others. Debt and Federalism traces changing conceptions of the bankruptcy and insolvency power through four landmark cases that form the constitutional foundation of the Canadian bankruptcy system: the 1894 Voluntary Assignments Case, Royal Bank of Canada v Larue in 1928, the 1934 Companies' Creditors Arrangement Act Reference Case, and the 1937 Farmers' Creditors Arrangement Act Reference Case. Together, these decisions ultimately produced the bedrock for modern understandings of bankruptcy and insolvency law. Thomas G.W. Telfer and Virginia Torrie draw on archival and legal sources to analyze the decisions from a historical and doctrinal perspective. This astute book demonstrates that the legal changes introduced by these landmark cases underpin contemporary bankruptcy and insolvency law and scholarship.

Equity and Administration
Equity and Administration

Author: P. G. Turner

Publisher: Cambridge University Press

Published: 2016-05-26

Total Pages: 601

ISBN-13: 1107142733

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What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency
An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

Author: International Monetary Fund. Monetary and Capital Markets Department

Publisher: International Monetary Fund

Published: 2009-04-17

Total Pages: 77

ISBN-13: 1498336051

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This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.

Commencement of Insolvency Proceedings
Commencement of Insolvency Proceedings

Author: Dennis Faber

Publisher: OUP Oxford

Published: 2012-03-29

Total Pages: 1351

ISBN-13: 0191630918

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This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.