Annual Review of Insolvency Law
Author: Janis P. Sarra
Publisher: Carswell Legal Publications
Published: 2008
Total Pages: 756
ISBN-13: 9780779814725
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Rescue!
Author: Janis Pearl Sarra
Publisher:
Published: 2007
Total Pages: 0
ISBN-13: 9780779800025
DOWNLOAD EBOOKTrustees at Work
Author: Anna Jane Samis Lund
Publisher: UBC Press
Published: 2019-12-01
Total Pages: 238
ISBN-13: 0774861444
DOWNLOAD EBOOKMortgages, student loans, credit cards: debt is a ubiquitous component of daily life in Canada. But our attitudes toward debt, and the people who incur it, are complex. Trustees at Work explores the role bankruptcy trustees play in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. When debt becomes unmanageable, the bankruptcy and insolvency system provides relief – though not to everyone. The architects of the system have restricted access to this benefit by developing methods to distinguish deserving from undeserving debtors. The idea of a deserving debtor is woven throughout bankruptcy law, with debt relief being reserved for those debtors deemed deserving. The legislation and case law invite trustees to assess debtors based on their pre-bankruptcy choices, but in practice, trustees evaluate debtors based on how cooperative the debtors are during bankruptcy proceedings. Using insights from the sociology of emotion, Anna Jane Samis Lund reveals how carrying out emotional labour shapes an insolvency professional’s assessments of a debtor’s deservingness. Trustees at Work also includes interviews and statistical data to explain how the financial and emotional pressures of trustees’ work shape their decision-making process. Ultimately, it shows how insolvency trustees’ conceptions of a deserving debtor are shaped by the financial, legal, and emotional contexts in which they work.
Corporate Insolvency Law
Author: Vanessa Finch
Publisher: Cambridge University Press
Published: 2002-09-12
Total Pages: 662
ISBN-13: 9780521626859
DOWNLOAD EBOOKVanessa 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.
Corporate Insolvency Law
Author: Vanessa Finch
Publisher: Cambridge University Press
Published: 2017-10-19
Total Pages: 839
ISBN-13: 1107039916
DOWNLOAD EBOOKA new and substantially revised edition which looks critically at the broad effect and conceptual underpinnings of corporate insolvency law.
Annual Report
Author: Australia. Law Reform Commission
Publisher:
Published: 1975
Total Pages: 566
ISBN-13:
DOWNLOAD EBOOKComparative Insolvency Law
Author: Bo Xie
Publisher: Edward Elgar Publishing
Published: 2016-11-25
Total Pages: 328
ISBN-13: 1781007381
DOWNLOAD EBOOKComparative 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-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.
Reinventing Bankruptcy Law
Author: Virginia Torrie
Publisher: University of Toronto Press
Published: 2020-05-26
Total Pages: 317
ISBN-13: 1487534132
DOWNLOAD EBOOKReinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
International Insolvency Law
Author: Paul Omar
Publisher: Routledge
Published: 2017-07-05
Total Pages: 452
ISBN-13: 1351562355
DOWNLOAD EBOOKInternational insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and the conduct of business in more than one jurisdiction. It is largely the offspring of globalization and involves looking at both law and economic rules. This book is a compendium of essays by eminent academics and practitioners in the field who trace the development of the subject, give an account of the influences of economics, legal history and private international law, and chart its relationship with finance and security issues as well as the importance of business rescue as a phenomenon. Furthermore, the essays examine how international instruments introduced in recent years function as well as how the subject itself is continually being innovated by being confronted by the challenges of other areas of law with which it becomes entangled.
International Insolvency Law
Author: Professor Paul Omar
Publisher: Ashgate Publishing, Ltd.
Published: 2013-12-28
Total Pages: 725
ISBN-13: 1409466671
DOWNLOAD EBOOKInternational insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.
