This book is related to the Supreme Court of India's Case Laws on Insolvency and Bankruptcy Code 2016. Relevant Sections, Case Note-Facts-Findings of the Hon’ble Apex Court and Citation are given for each case. It will be useful for Lawyers, Insolvency Professionals, Chartered Accountants, Company Secretaries, Corporate Applicants, Corporate Debtors, Corporates, MNCs, IPAs, IPEs, NCLT, NCLAT, DRT and DRAT, High Courts and Supreme Court Librarians, Entrepreneurs, Individuals, Consultants, Valuers, Law Students and Law School Faculties.
About the Book In its second edition released during COVID times, it specifically includes all that is significant for a practitioner to know about Insolvency Law during this time including exclusion of period of limitation w.e.f. 15.03.2020 till 14.03.2021 in computation, while filing suits, appeals etc. under law. Key Highlights - Comprehensive Commentary on IBC - Updated IBC Rules, Regulations, NCLT and NCLAT Rules 2016 - Includes Understanding on Core Issues like limitation under IBC, Guarantors, Pre-Pack Insolvency etc - Includes Landmark judgments of SC, HCs, NCLAT and NCLT - Incorporates draft provisions of Cross-Border Insolvency (“Draft Part Z”); and - Incorporates Report of Insolvency Sub-Committee of the Insolvency Law Committee on Pre-packaged Insolvency Resolution Process.
It is primarily to corporate rescue procedures and reforms adopted at the domestic level that this book is devoted. Individual chapters 'each written by an expert or team of experts from the country under scrutiny' consider recent developments and prospec.
Written by specialists from each jurisdiction, this new edition provides an in-depth, article-by-article analysis of the local enactment and application of the model law in each of the jurisdictions concerned, alongside consideration of the relationship between the model law and any existing cross-border insolvency jurisprudence. Each chapter adopts the same format for ease of reference, addressing key concepts such as the centre of main interests, court-to-court communication, enforcement of security interests and the protection of debtors and creditors.
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.
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.
Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
Bailey and Groves: Corporate Insolvency - Law and Practice is a leading commentary on the substantive law of corporate insolvency and practical guidance on the various procedures arising in this important field. Written by recognised experts in the field, it remains a user-friendly text covering all aspects of corporate insolvency in one volume and is accessible to both legal and accountancy practitioners.The new edition includes:* Updated content to reflect substantial changes to the Insolvency Rules - due to be released in October 2016 and implemented in April 2017* New relevant provisions of legislation since the last edition including the Small Business Enterprise Act 2015 and Deregulation Act 2015* Coverage of amendments to the Company Directors Disqualification Act 1986 by the Deregulation Act 2015 and the Small Business, Enterprise and Employment Act 2015
