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Author: Daniel A. Austin Publisher: Aspen Publishing ISBN: 1454876115 Category : Law Languages : en Pages : 851
Book Description
When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. As part of the In Focus Casebook Series, Business Bankruptcy Law In Focus, offers a comprehensive, practice-oriented approach to the legal and practical aspects of business bankruptcy. By providing real world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, case previews and case follow ups further clarify the doctrine and aid in student understanding of concepts. With its focus on business bankruptcy, this text begins by reviewing the basics of business entities and debt along with essential business bankruptcy concepts, then moves onto covering powers of debtor in possession, drafting and confirming a plan of reorganization, evolving forms of business bankruptcy (e.g. liquidation of assets, prepackaged and pre-negotiated, structured dismissals, etc.). It then introduces cross-border insolvencies under Chapter 15 of the Code, bankruptcy jurisdiction, including core and noncore proceedings following the Supreme Court decision in Stern v. Marshall. Features: Fresh approach that uses selected cases to illustrate key developments in the law and to show how courts develop and apply doctrine Approachable manner and assessment features provide an experiential environment for students Hands-on approach encourages students to apply concepts to real-world scenarios, offer many opportunities for students to apply their knowledge Assessment features include: Real Life Applications Applying the Concepts Case Previews and Post Case Follow Ups
Author: Daniel A. Austin Publisher: Aspen Publishing ISBN: 1454876115 Category : Law Languages : en Pages : 851
Book Description
When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. As part of the In Focus Casebook Series, Business Bankruptcy Law In Focus, offers a comprehensive, practice-oriented approach to the legal and practical aspects of business bankruptcy. By providing real world scenarios throughout, the text gives students numerous opportunities to apply what they are learning, and solidify their understanding of important concepts. Clear explanatory text, case previews and case follow ups further clarify the doctrine and aid in student understanding of concepts. With its focus on business bankruptcy, this text begins by reviewing the basics of business entities and debt along with essential business bankruptcy concepts, then moves onto covering powers of debtor in possession, drafting and confirming a plan of reorganization, evolving forms of business bankruptcy (e.g. liquidation of assets, prepackaged and pre-negotiated, structured dismissals, etc.). It then introduces cross-border insolvencies under Chapter 15 of the Code, bankruptcy jurisdiction, including core and noncore proceedings following the Supreme Court decision in Stern v. Marshall. Features: Fresh approach that uses selected cases to illustrate key developments in the law and to show how courts develop and apply doctrine Approachable manner and assessment features provide an experiential environment for students Hands-on approach encourages students to apply concepts to real-world scenarios, offer many opportunities for students to apply their knowledge Assessment features include: Real Life Applications Applying the Concepts Case Previews and Post Case Follow Ups
Author: David A. Skeel Jr. Publisher: Princeton University Press ISBN: 1400828503 Category : Business & Economics Languages : en Pages : 296
Book Description
Bankruptcy in America, in stark contrast to its status in most other countries, typically signifies not a debtor's last gasp but an opportunity to catch one's breath and recoup. Why has the nation's legal system evolved to allow both corporate and individual debtors greater control over their fate than imaginable elsewhere? Masterfully probing the political dynamics behind this question, David Skeel here provides the first complete account of the remarkable journey American bankruptcy law has taken from its beginnings in 1800, when Congress lifted the country's first bankruptcy code right out of English law, to the present day. Skeel shows that the confluence of three forces that emerged over many years--an organized creditor lobby, pro-debtor ideological currents, and an increasingly powerful bankruptcy bar--explains the distinctive contours of American bankruptcy law. Their interplay, he argues in clear, inviting prose, has seen efforts to legislate bankruptcy become a compelling battle royale between bankers and lawyers--one in which the bankers recently seem to have gained the upper hand. Skeel demonstrates, for example, that a fiercely divided bankruptcy commission and the 1994 Republican takeover of Congress have yielded the recent, ideologically charged battles over consumer bankruptcy. The uniqueness of American bankruptcy has often been noted, but it has never been explained. As different as twenty-first century America is from the horse-and-buggy era origins of our bankruptcy laws, Skeel shows that the same political factors continue to shape our unique response to financial distress.
Author: Hamiisi Nsubuga Publisher: Routledge ISBN: 1000731111 Category : Law Languages : en Pages : 200
Book Description
This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees’ rights and interests. Employment laws seek to protect employees’ rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin’s Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced.
Author: Mary Eschelbach Hansen Publisher: University of Chicago Press ISBN: 022667973X Category : Business & Economics Languages : en Pages : 237
Book Description
In 2005, more than two million Americans—six out of every 1,000 people—filed for bankruptcy. Though personal bankruptcy rates have since stabilized, bankruptcy remains an important tool for the relief of financially distressed households. In Bankrupt in America, Mary and Brad Hansen offer a vital perspective on the history of bankruptcy in America, beginning with the first lasting federal bankruptcy law enacted in 1898. Interweaving careful legal history and rigorous economic analysis, Bankrupt in America is the first work to trace how bankruptcy was transformed from an intermittently used constitutional provision, to an indispensable tool for business, to a central element of the social safety net for ordinary Americans. To do this, the authors track federal bankruptcy law, as well as related state and federal laws, examining the interaction between changes in the laws and changes in how people in each state used the bankruptcy law. In this thorough investigation, Hansen and Hansen reach novel conclusions about the causes and consequences of bankruptcy, adding nuance to the discussion of the relationship between bankruptcy rates and economic performance.
Author: Christopher F. Symes Publisher: Routledge ISBN: 1351897977 Category : Law Languages : en Pages : 290
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: Daniel A. Austin
Author: Daniel A. Austin
Author: Douglas G. Baird
Author: Thomas H. Jackson
Author: David A. Skeel Jr.
Author: Stephen L. Sepinuck
Author: Elizabeth Warren
Author: Hamiisi Nsubuga
Author: Mark J. Roe
Author: Mary Eschelbach Hansen
Author: Christopher F. Symes