Ocean Carrier Bankruptcies

Ocean Carrier Bankruptcies

Author: United States. Government Accountability Office

Publisher:

Published: 2020

Total Pages: 10

ISBN-13:

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This briefing describes stakeholder’s and federal agencies accounts of: 1) the effects of Hanjin’s bankruptcy on the movement of cargo; 2) federal agency actions taken at the time of Hanjin’s bankruptcy; and 3) federal agency and industry actions taken since then to help mitigate the effects of any future bankruptcies.


Maritime Cross-Border Insolvency Under the UNCITRAL Model Law Regime

Maritime Cross-Border Insolvency Under the UNCITRAL Model Law Regime

Author: Jingchen Xu

Publisher: Bloomsbury Publishing

Published: 2020-12-10

Total Pages: 245

ISBN-13: 1509935991

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This book covers the pressing issues of cross-border cases involving admiralty and bankruptcy law. For example, what should happen when a shipowner files an insolvency proceeding in one country, while at the same time facing an in rem action against its vessel in another country? Should the in rem action arising in one country be stayed or dismissed because of the existence of insolvency proceedings in another country? The book discusses the relevant issues regarding the treatment of maritime creditors throughout insolvency proceedings, the determination of the 'centre of main interest' of an offshore shipping company, and the scope of a debtor's assets. The author uses a comparative law analysis, selecting four leading shipping countries – Australia, the UK, the US, and Singapore – and examines their approaches to the above three problems when applying the UNCITRAL Model Law regime. The book also proposes a solution to help eliminate the ambiguity arising from maritime cross-border insolvency cases under the UNCITRAL Model Law regime, with a view to enhancing the development of the shipping industry.


Reorganizations Under Chapter 11 of the Bankruptcy Code

Reorganizations Under Chapter 11 of the Bankruptcy Code

Author: Richard F. Broude

Publisher: Law Journal Press

Published: 2023-12-28

Total Pages: 1314

ISBN-13: 9781588520340

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Reorganizations Under Chapter 11 of the Bankruptcy Code is the most complete and up-to-date one-volume treatment of this important business-planning tool. It contains a thorough discussion of Chapter 11 law and practice, including significant changes in: exclusivity; key employee retention plans; pre-petition severance pay; the debtor's ability to retain turnaround specialists; conversion and dismissal of cases; the obligation of creditors' committees to share information with members of the constituencies; and the way in which small business and single-asset real estate cases are conducted. This authoritative volume also brings you legal analysis and practical guidance on such subjects as: bankruptcy court jurisdiction; voluntary and involuntary petitions; creditors' committees; managing and operating the debtor and its business, including obtaining post-petition financing; treatment of secured creditors; dealing with executory contracts and unexpired leases; filing and allowance of proofs of claims and interests; the content, modification and confirmation of plans of reorganization, including a discussion of how claims may be classified; the effect of plan confirmation; and post-confirmation appeals and plan consummation. Reorganizations Under Chapter 11 of the Bankruptcy Code will keep you current on the latest statutory and regulatory developments while briefing you on the often conflicting decisions handed down by the courts


Decisions

Decisions

Author: United States. Federal Maritime Commission

Publisher:

Published: 1993

Total Pages: 1168

ISBN-13:

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Maritime Organisation, Management and Liability

Maritime Organisation, Management and Liability

Author: Stephen Girvin

Publisher: Bloomsbury Publishing

Published: 2021-05-20

Total Pages: 351

ISBN-13: 1509942920

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This book identifies and examines the legal challenges facing the shipping industry and ship management today. It first addresses flag state rules and private international law as organisational tools of the shipowner for establishing the applicable legal framework in an age of increasing regulatory activity and extraterritorial effect of legislation. It then focuses on sustainability requirements and the liability of shipping companies managing supply chains and ships as waste. The third section considers challenges stemming from times of financial crisis and deals with the cross-border impact of shipping insolvencies, the UNCITRAL Model Law, and the approaches of different jurisdictions. Finally, the fourth section concerns digitalisation and automation, including delivery on the basis of digital release codes, bills of lading based on blockchain technology, the use of web portals and data sharing, and particular aspects of the law relating to autonomous ships, notably in marine insurance and carriage of goods. The book will be a useful resource for academics and practising lawyers working in shipping and maritime law.