Essays on Corporate Restructuring and Insolvency PDF Download

Author: C. E. F. Rickett
Publisher: Brooker's Legal Information
ISBN: 9780864722034
Category : Bankruptcy
Languages : en
Pages : 265

View

Book Description

Author: Ross Grantham
Publisher: Bloomsbury Publishing
ISBN: 184731340X
Category : Law
Languages : en
Pages : 324

View

Book Description
The decision of the House of Lords in Salomon v. Salomon & Co Ltd has had lasting influence on the development of modern company law. This one hundred year old decision articulated the founding propositions of company law and is accordingly treated with reverence by academics and practitioners alike. The centenary of the case therefore affords a convenient opportunity to review these developments in company law. In doing so,the contributors to this volume range broadly across the modern approaches to company law and attempt to place key aspects of the subject in a theoretical and historical perspective and to lay bare the structural, theoretical and policy issues which lie behind its day-to-day technicalities.

Author: Stuart C. Gilson
Publisher: John Wiley & Sons
ISBN: 0470503521
Category : Business & Economics
Languages : en
Pages : 852

View

Book Description
An updated look at how corporate restructuring really works Stuart Gilson is one of the leading corporate restructuring experts in the United States, teaching thousands of students and consulting with numerous companies. Now, in the second edition of this bestselling book, Gilson returns to present new insight into corporate restructuring. Through real-world case studies that involve some of the most prominent restructurings of the last ten years, and highlighting the increased role of hedge funds in distressed investing, you'll develop a better sense of the restructuring process and how it can truly create value. In addition to "classic" buyout and structuring case studies, this second edition includes coverage of Delphi, General Motors, the Finova Group and Warren Buffett, Kmart and Sears, Adelphia Communications, Seagate Technology, Dupont-Conoco, and even the Eurotunnel debt restructuring. Covers corporate bankruptcy reorganization, debt workouts, "vulture" investing, equity spin-offs, asset divestitures, and much more Addresses the effect of employee layoffs and corporate downsizing Examines how companies allocate value and when a corporation should "pull the trigger" From hedge funds to financial fraud to subprime busts, this second edition offers a rare look at some of the most innovative and controversial restructurings ever.

Author: Christopher F. Symes
Publisher: Routledge
ISBN: 1351897977
Category : Law
Languages : en
Pages : 290

View

Book Description
Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.

Author: Andrew Keay
Publisher: Routledge
ISBN: 1135390339
Category : Law
Languages : en
Pages : 726

View

Book Description
This timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and addresses the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for the before mentioned. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested. Company directors have certain responsibilities to creditors of their companies. In particular, they should avoid fraudulent and wrongful trading and consider, as part of their duties, the interests of creditors when their companies might be, or are, in financial difficulty. The work is precipitated by the lack of coherence in the consideration of wrongful trading and the recent delivery of important cases on fraudulent trading. Also, this timely work is the first to comprehensively examine directors' responsibilities to creditors in times of financial strife, as well as addressing when these responsibilities arise, and what directors should have to do to ensure that they comply with their obligations. Keay explores the relevant issues from doctrinal, normative and comparative perspectives and seeks to address the question as to when directors are liable for wrongful trading, fraudulent trading or breach of their duties to creditors and whether directors should be held responsible for wrongful trading and failing to consider the interests of creditors. Besides the relevant UK legislation and case law, legislation and case law from Australia, Canada, Ireland and the United States are examined and compared, and reforms which take into account the aims and rationale of the relevant legislation as well as creditors' interests are proposed and assessed. Importantly, new approaches for courts which would make the nature of the responsibility and its timing more precise are suggested.

Author: Umair Ghori
Publisher: Springer Nature
ISBN: 9819924391
Category : Law
Languages : en
Pages : 209

View

Book Description
This book brings together diverse ideas on selected facets of globalisation and transitions in globalisation. The scholars that have contributed to this book examine the phenomenon of globalisation through varied lenses, focusing specifically on the human and economic perspectives. These analyses originate in many areas and different legal systems but are all connected through the work of Professor John Farrar and the associations of the contributors with him. This book does not attempt to provide answers to the many challenges of globalisation. Instead, this book discusses selected, particular aspects of globalisation that derive from and are connected to the authors’ own research. The thematic diversity of this book is a true strength and should draw a broad range of readers. Whilst this book is primarily written from a legal angle, its content overlaps with broader specialised policy areas, with contributions ranging from taxation to ageing, from insolvency to social licences, and from refugees to the treatment of first nations people. In short, there is something for everyone in this book. As a tribute to the life’s work of an outstanding legal scholar, Professor John Farrar, this book explores legal responses to the social and economic impacts of globalisation. After personal acknowledgments from colleagues highlighting the significance of his scholarship, this book is divided into two parts. The first part addresses the social impact of globalisation, focusing on immigration and the impact on First Nations people. Changes in the regulation of medicine and technologies related to ageing are also addressed in this part. In part two, the book addresses the transitioning corporate law landscape and notions of fairness and good faith in the law. The final part contains the conclusions, reflections and synthesis of the editors.

Author: Professor Paul Omar
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409496058
Category : Law
Languages : en
Pages : 488

View

Book Description
International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field.

Author: Philippe Aghion
Publisher:
ISBN:
Category : Bankruptcy
Languages : en
Pages : 78

View

Book Description
We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.

Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 578

View

Book Description

Author: Keay, Andrew
Publisher: Edward Elgar Publishing
ISBN: 1788979346
Category : Law
Languages : en
Pages : 448

View

Book Description
This important book provides a comprehensive analysis of governance issues that exist in relation to the management of insolvent companies, both while an insolvent company is still controlled by the directors and when it passes into the hands of an insolvency practitioner in a formal insolvency regime. Throughout, the authors argue that the two most important features of corporate governance are transparency and accountability and offer a detailed analysis of the relevant law and practice.