Author: Rizwaan Jameel Mokal
Publisher:
ISBN: 9780191864759
Category : Bankruptcy
Languages : en
Pages :
Book Description
This volume systematically examines the current process for distressed Micro, Small and Medium Enterprises (MSMEs), and proposes a different, more appropriate, 'modular' approach to the treatment of such entities when faced with insolvency proceedings.
Micro, Small, and Medium Enterprise Insolvency
Author: Rizwaan Jameel Mokal
Publisher:
ISBN: 9780191864759
Category : Bankruptcy
Languages : en
Pages :
Book Description
This volume systematically examines the current process for distressed Micro, Small and Medium Enterprises (MSMEs), and proposes a different, more appropriate, 'modular' approach to the treatment of such entities when faced with insolvency proceedings.
Publisher:
ISBN: 9780191864759
Category : Bankruptcy
Languages : en
Pages :
Book Description
This volume systematically examines the current process for distressed Micro, Small and Medium Enterprises (MSMEs), and proposes a different, more appropriate, 'modular' approach to the treatment of such entities when faced with insolvency proceedings.
Reinventing Insolvency Law in Emerging Economies
Author: Aurelio Gurrea-Martínez
Publisher: Cambridge University Press
ISBN: 1009431714
Category : Law
Languages : en
Pages : 341
Book Description
This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.
Publisher: Cambridge University Press
ISBN: 1009431714
Category : Law
Languages : en
Pages : 341
Book Description
This book explains how and why insolvency law in emerging economies needs to be reinvented. It starts by examining the importance of insolvency law for the promotion of economic growth as well as the similarities and divergences in the design of insolvency law around the world. The central thesis of the book is that insolvency law in emerging economies fails to serve as a catalyst for growth. It is argued that this failure is mainly due to the design of an insolvency legislation that is not tailored to the market and institutional environment generally existing in emerging economies. The book also provides a critical analysis of the design of insolvency law in many advanced economies where the insolvency system has proven to be unattractive for debtors, creditors or both. Therefore, in addition to suggesting a new insolvency framework for emerging economies, this book ultimately invites readers to rethink insolvency law.
The Elgar Companion to UNCITRAL
Author: Rishi Gulati
Publisher: Edward Elgar Publishing
ISBN: 1803924543
Category : Law
Languages : en
Pages : 605
Book Description
As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.
Publisher: Edward Elgar Publishing
ISBN: 1803924543
Category : Law
Languages : en
Pages : 605
Book Description
As one of the most important international organisations in the sphere of international trade law, UNCITRAL aims to help develop and promote uniform private law internationally. This comprehensive Companion delineates the range of issues considered at UNCITRAL, as well as assessing the potential for future work and reforms.
Law of Debtors and Creditors
Author: Elizabeth Warren
Publisher: Aspen Publishing
ISBN: 1543823475
Category : Law
Languages : en
Pages : 1230
Book Description
One of the leading casebooks in the field, The Law of Debtors and Creditors features 39 problem sets with realistic questions a lawyer considers in managing a bankruptcy case. It also challenges the students with the major policy and theoretical questions in the field. The text features a functional organization as a bankruptcy case would unfold. The focus is on teaching through the realistic problems, complete with ethical difficulties embedded into the fact patterns. The presentation is lively and colloquial. Explanatory text throughout makes bankruptcy law accessible to students and easier to teach. Because it divides the subject between consumer and business bankruptcy, professors can select the depth of coverage for each subject in designing a two-, three-, or four-credit class. The authors—Senator Elizabeth Warren, Congresswoman Katie Porter, and Professors Pottow (Michigan) and Westbrook (Texas)—are among the most prominent in the field. Uniquely comprehensive Teacher’s Manual—chock full of material on how to design class around the problem sets, citations to new cases and literature, and suggestions for steering class discussion. New to the Eighth Edition: The emergence of a whole new form of chapter 11 bankruptcy, the Small Business Reorganization Act in subchapter V, just as the Covid19 crisis exploded The impact of recent Supreme Court decisions, including Jevic, Merit Management, Midland Funding, and Wellness New cases and issues since the Seventh Edition Updated materials on § 363 sales Incorporation of discussion of ABI Commission on Consumer Bankruptcy Reform A number of interesting new problems Professors and students will benefit from: Separation of consumer bankruptcy from business bankruptcy—professors can select the depth of coverage for each subject Lively explanatory text—makes bankruptcy law accessible to students and easier to teach Engagement of current events and economic trends Discussion of many recent cases 39 problem sets—featuring the realistic questions a lawyerconsiders in applying the statutory provisions in a bankruptcycase Substantial discussion of the ethical questions that arise in bankruptcy practice, and including ethical issues in the problems students must solve Functional organization—as a bankruptcy case would unfold rather than using some artificial paradigm Chapters specifically devoted to bankruptcy theory (consumer and business), to international insolvencies, and to important ethics issuein the consumer and business contexts Problem sets designed to combine doctrinal, transactional, and theoretical issues
Publisher: Aspen Publishing
ISBN: 1543823475
Category : Law
Languages : en
Pages : 1230
Book Description
One of the leading casebooks in the field, The Law of Debtors and Creditors features 39 problem sets with realistic questions a lawyer considers in managing a bankruptcy case. It also challenges the students with the major policy and theoretical questions in the field. The text features a functional organization as a bankruptcy case would unfold. The focus is on teaching through the realistic problems, complete with ethical difficulties embedded into the fact patterns. The presentation is lively and colloquial. Explanatory text throughout makes bankruptcy law accessible to students and easier to teach. Because it divides the subject between consumer and business bankruptcy, professors can select the depth of coverage for each subject in designing a two-, three-, or four-credit class. The authors—Senator Elizabeth Warren, Congresswoman Katie Porter, and Professors Pottow (Michigan) and Westbrook (Texas)—are among the most prominent in the field. Uniquely comprehensive Teacher’s Manual—chock full of material on how to design class around the problem sets, citations to new cases and literature, and suggestions for steering class discussion. New to the Eighth Edition: The emergence of a whole new form of chapter 11 bankruptcy, the Small Business Reorganization Act in subchapter V, just as the Covid19 crisis exploded The impact of recent Supreme Court decisions, including Jevic, Merit Management, Midland Funding, and Wellness New cases and issues since the Seventh Edition Updated materials on § 363 sales Incorporation of discussion of ABI Commission on Consumer Bankruptcy Reform A number of interesting new problems Professors and students will benefit from: Separation of consumer bankruptcy from business bankruptcy—professors can select the depth of coverage for each subject Lively explanatory text—makes bankruptcy law accessible to students and easier to teach Engagement of current events and economic trends Discussion of many recent cases 39 problem sets—featuring the realistic questions a lawyerconsiders in applying the statutory provisions in a bankruptcycase Substantial discussion of the ethical questions that arise in bankruptcy practice, and including ethical issues in the problems students must solve Functional organization—as a bankruptcy case would unfold rather than using some artificial paradigm Chapters specifically devoted to bankruptcy theory (consumer and business), to international insolvencies, and to important ethics issuein the consumer and business contexts Problem sets designed to combine doctrinal, transactional, and theoretical issues
Legal Knowledge and Information Systems
Author: G. Sileno
Publisher: IOS Press
ISBN: 1643684736
Category : Computers
Languages : en
Pages : 422
Book Description
Technological advances related to legal information, knowledge representation, engineering, and processing have aroused growing interest within the research community and the legal industry in recent years. These advances relate to areas such as computational and formal models of legal reasoning, legal data analytics, legal information retrieval, the application of machine learning techniques to different legal tasks, and the experimental evaluation of these systems. This book presents the proceedings of JURIX 2023, the 36th International Conference on Legal Knowledge and Information Systems, held from 18–20 December 2023 in Maastricht, the Netherlands. This annual conference has become recognized as an international forum where academics and professionals working at the intersection of law and artificial intelligence can exchange knowledge and experience. A total of 92 submissions were received for the conference, of which 18 were selected as long papers, 30 as short papers and 7 as demo papers following a rigorous review process. This represents an acceptance rate of around 20% for long papers (60% overall). Topics covered include formal approaches applied to various aspects of legal reasoning; machine learning and information retrieval methods applied to various natural language processing tasks; hybrid approaches to working on the frontier between symbolic and sub-symbolic methods; experimental inquiries into the interfaces between computational systems and legal systems; and network analysis in law. Providing a comprehensive overview of recent advances in the field, the book will be of interest to all those working at the intersection between law and AI.
Publisher: IOS Press
ISBN: 1643684736
Category : Computers
Languages : en
Pages : 422
Book Description
Technological advances related to legal information, knowledge representation, engineering, and processing have aroused growing interest within the research community and the legal industry in recent years. These advances relate to areas such as computational and formal models of legal reasoning, legal data analytics, legal information retrieval, the application of machine learning techniques to different legal tasks, and the experimental evaluation of these systems. This book presents the proceedings of JURIX 2023, the 36th International Conference on Legal Knowledge and Information Systems, held from 18–20 December 2023 in Maastricht, the Netherlands. This annual conference has become recognized as an international forum where academics and professionals working at the intersection of law and artificial intelligence can exchange knowledge and experience. A total of 92 submissions were received for the conference, of which 18 were selected as long papers, 30 as short papers and 7 as demo papers following a rigorous review process. This represents an acceptance rate of around 20% for long papers (60% overall). Topics covered include formal approaches applied to various aspects of legal reasoning; machine learning and information retrieval methods applied to various natural language processing tasks; hybrid approaches to working on the frontier between symbolic and sub-symbolic methods; experimental inquiries into the interfaces between computational systems and legal systems; and network analysis in law. Providing a comprehensive overview of recent advances in the field, the book will be of interest to all those working at the intersection between law and AI.
Rescue of Business in Europe
Author: Gert-Jan Boon
Publisher: Oxford University Press
ISBN: 019256112X
Category : Law
Languages : en
Pages : 2088
Book Description
This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Publisher: Oxford University Press
ISBN: 019256112X
Category : Law
Languages : en
Pages : 2088
Book Description
This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Corporate Finance for Lawyers
Author: Rolef de Weijs
Publisher: Edward Elgar Publishing
ISBN: 1035302039
Category : Law
Languages : en
Pages : 309
Book Description
Corporate Finance for Lawyers explores the intricate relationship between law and corporate finance. Utilising the ‘Financial Mindmap’ throughout, chapters depict financial concepts by using colours and visualisations in a clear and intuitive manner.
Publisher: Edward Elgar Publishing
ISBN: 1035302039
Category : Law
Languages : en
Pages : 309
Book Description
Corporate Finance for Lawyers explores the intricate relationship between law and corporate finance. Utilising the ‘Financial Mindmap’ throughout, chapters depict financial concepts by using colours and visualisations in a clear and intuitive manner.
Research Handbook on Corporate Restructuring
Author: Omar, Paul J.
Publisher: Edward Elgar Publishing
ISBN: 1786437473
Category : Law
Languages : en
Pages : 584
Book Description
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Publisher: Edward Elgar Publishing
ISBN: 1786437473
Category : Law
Languages : en
Pages : 584
Book Description
This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.
Regulation of Lawyers
Author: Stephen Gillers
Publisher: Aspen Publishing
ISBN: 1543825877
Category : Law
Languages : en
Pages : 881
Book Description
Regulation of Lawyers: Problems of Law and Ethics, 12th edition goes beyond the rules in teaching students the subtle differences between proper and improper conduct. Writing in his direct and lively style, Stephen Gillers explores the subtleties and nuances of the legal and ethical rules governing lawyers and judges. From great teaching cases, timely materials, and realistic problems, students come away with new insight, equipped to detect and avoid improper conduct over the course of their professional careers. Refined through years of classroom use, this casebook also offers comprehensive coverage, a balanced mix of materials, discussion beyond the rulesand from different perspectives, detailed notes, and an accessible and engaging style. New to the Twelfth Edition: McCoy v. Louisiana on allocation of decisionmaking authority between lawyer and client (U.S. Supreme Court 2018). Material on the criticism of Prof. Ronald S. Sullivan, Jr. for joining the Harvey Weinstein defense. Discussion of the debate over Rule 8.4(g), which forbids bias and harassment in law practice. Three problems test its application and First Amendment limits. 17 new problems and revision of many old ones. Enhanced material on judicial disqualification and bias in the courts. Enhanced material on challenges to the bar’s monopoly on the sale of for- profit legal services. Swinomish Indian Tribal Community v. BNSF Ry. Co., where the Ninth Circuit asked prominent law firms to defend discrepancies in their characterization of the record. Professors and students will benefit from: High-profile author—ProfessorGillers is a highly visible and recognized national authority on professional responsibility Comprehensive coverage thatincludes the full range of professional responsibility issues Well-balanced mixof cases, secondary sources, and timely materials, often drawn from recent headlines, and which supports its comprehensive coverage of professional responsibility issues Realistic, helpful, and abundant problems, many of which are based on actual events, and which facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior Discussion beyond the rules and from different perspectives to recognize that the law is not necessarily self-evident and covers many subtleties Excellent case selection Manageable length Detailed and challenging notes that provide in-depth treatment of the issues Accessible and engaging style characterized by variety, clarity, and humor CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Publisher: Aspen Publishing
ISBN: 1543825877
Category : Law
Languages : en
Pages : 881
Book Description
Regulation of Lawyers: Problems of Law and Ethics, 12th edition goes beyond the rules in teaching students the subtle differences between proper and improper conduct. Writing in his direct and lively style, Stephen Gillers explores the subtleties and nuances of the legal and ethical rules governing lawyers and judges. From great teaching cases, timely materials, and realistic problems, students come away with new insight, equipped to detect and avoid improper conduct over the course of their professional careers. Refined through years of classroom use, this casebook also offers comprehensive coverage, a balanced mix of materials, discussion beyond the rulesand from different perspectives, detailed notes, and an accessible and engaging style. New to the Twelfth Edition: McCoy v. Louisiana on allocation of decisionmaking authority between lawyer and client (U.S. Supreme Court 2018). Material on the criticism of Prof. Ronald S. Sullivan, Jr. for joining the Harvey Weinstein defense. Discussion of the debate over Rule 8.4(g), which forbids bias and harassment in law practice. Three problems test its application and First Amendment limits. 17 new problems and revision of many old ones. Enhanced material on judicial disqualification and bias in the courts. Enhanced material on challenges to the bar’s monopoly on the sale of for- profit legal services. Swinomish Indian Tribal Community v. BNSF Ry. Co., where the Ninth Circuit asked prominent law firms to defend discrepancies in their characterization of the record. Professors and students will benefit from: High-profile author—ProfessorGillers is a highly visible and recognized national authority on professional responsibility Comprehensive coverage thatincludes the full range of professional responsibility issues Well-balanced mixof cases, secondary sources, and timely materials, often drawn from recent headlines, and which supports its comprehensive coverage of professional responsibility issues Realistic, helpful, and abundant problems, many of which are based on actual events, and which facilitate class discussion and enable students to understand the rules and regulations that will govern their professional behavior Discussion beyond the rules and from different perspectives to recognize that the law is not necessarily self-evident and covers many subtleties Excellent case selection Manageable length Detailed and challenging notes that provide in-depth treatment of the issues Accessible and engaging style characterized by variety, clarity, and humor CasebookConnect features: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions from Examples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flash flashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
Financial Institutions in Distress
Author: Associate Professor Emeritus Ronald Davis
Publisher: Oxford University Press
ISBN: 0192882511
Category : Law
Languages : en
Pages : 465
Book Description
Political boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs. Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deployed may be unwise, and other such projects can suffer from unforeseen circumstances. As a result of such factors, a financial institution may suffer distress in one country, and may then transmit such distress to other countries in which it operates. The efficacy of any response to such cross-border transmission of distress may turn on the response being given due effect in both (or all) the territories in which the distressed financial institution operates. This situation creates a conundrum for policymakers, legislators, and regulators who wish to enable those subject to their jurisdiction to access the benefits of cross-border financial intermediation, yet cannot make rules and regulations that would have effect outside that jurisdiction. This book explores this conundrum and offers a response. It does so by drawing on and adding to the literatures on financial intermediation, regulation, and distress, and on existing hard and soft laws and regulations. The book advocates for the creation of a model law that would address the full range of financial institutions, including insurance companies, and that would enable relevant authorities to cooperate with counterparts in advance of the onset of distress and to give appropriate effect in their jurisdiction to measures taken by counterpart authorities in other jurisdictions in which the distressed institution also operates.
Publisher: Oxford University Press
ISBN: 0192882511
Category : Law
Languages : en
Pages : 465
Book Description
Political boundaries are often porous to finance, financial intermediation, and financial distress. Yet they are highly impervious to financial regulation. When inhabitants of a country suffering a deficit of purchasing power are able to access and deploy funds flowing in from a country with a surfeit of such power, the inhabitants of both countries may benefit. They may also benefit when institutions undertaking such cross-border financial intermediation experience economies of scale and are able to innovate and to offer funds and services at lower costs. Inevitably, however, at least some such institutions will sometimes act imprudently, some of the projects in which such funds are deployed may be unwise, and other such projects can suffer from unforeseen circumstances. As a result of such factors, a financial institution may suffer distress in one country, and may then transmit such distress to other countries in which it operates. The efficacy of any response to such cross-border transmission of distress may turn on the response being given due effect in both (or all) the territories in which the distressed financial institution operates. This situation creates a conundrum for policymakers, legislators, and regulators who wish to enable those subject to their jurisdiction to access the benefits of cross-border financial intermediation, yet cannot make rules and regulations that would have effect outside that jurisdiction. This book explores this conundrum and offers a response. It does so by drawing on and adding to the literatures on financial intermediation, regulation, and distress, and on existing hard and soft laws and regulations. The book advocates for the creation of a model law that would address the full range of financial institutions, including insurance companies, and that would enable relevant authorities to cooperate with counterparts in advance of the onset of distress and to give appropriate effect in their jurisdiction to measures taken by counterpart authorities in other jurisdictions in which the distressed institution also operates.