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Author : Anonim
Publisher : Unknown
Page : 980 pages
File Size : 47,6 Mb
Release : 1998
Category : Bankruptcy
ISBN : STANFORD:36105062017731
Author : Anonim
Publisher : Unknown
Page : 912 pages
File Size : 50,5 Mb
Release : 2002
Category : Bankruptcy
ISBN : UCAL:B5077885
Author : Anonim
Publisher : Unknown
Page : 344 pages
File Size : 46,6 Mb
Release : 2009
Category : Bankruptcy
ISBN : STANFORD:36105063785401
Author : Johanna Niemi-Kiesiläinen,Iain Ramsay,William C. Whitford
Publisher : Hart Publishing
Page : 378 pages
File Size : 51,6 Mb
Release : 2003-12
Category : Law
ISBN : 9781841133584
This book provides a comparative appraisal of global developments in the area of consumer bankruptcy and overindebtedness.
Author : Emily Zackin,Chloe N. Thurston
Publisher : University of Chicago Press
Page : 248 pages
File Size : 47,5 Mb
Release : 2024-06-07
Category : Political Science
ISBN : 9780226832364
A political history of the rise and fall of American debt relief. Americans have a long history with debt. They also have a long history of mobilizing for debt relief. Throughout the nineteenth century, indebted citizens demanded government protection from their financial burdens, challenging readings of the Constitution that exalted property rights at the expense of the vulnerable. Their appeals shaped the country’s periodic experiments with state debt relief and federal bankruptcy law, constituting a pre-industrial safety net. Yet, the twentieth century saw the erosion of debtor politics and the eventual retrenchment of bankruptcy protections. The Political Development of American Debt Relief traces how geographic, sectoral, and racial politics shaped debtor activism over time, enhancing our understanding of state-building, constitutionalism, and social policy.
Author : David A. Skeel Jr.
Publisher : Princeton University Press
Page : 296 pages
File Size : 46,7 Mb
Release : 2014-04-24
Category : Business & Economics
ISBN : 9781400828500
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 : Virginia Torrie
Publisher : University of Toronto Press
Page : 317 pages
File Size : 42,6 Mb
Release : 2020-05-26
Category : History
ISBN : 9781487534134
Reinventing 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.
Author : Arnold M. Quittner,Joseph Samet,Practising Law Institute
Publisher : Unknown
Page : 128 pages
File Size : 48,9 Mb
Release : 2009
Category : Bankruptcy
ISBN : 1402412096
Author : Natalie Mrockova
Publisher : Bloomsbury Publishing
Page : 384 pages
File Size : 45,5 Mb
Release : 2021-01-28
Category : Law
ISBN : 9781509932450
This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.
Author : Neil Hannan
Publisher : Springer
Page : 270 pages
File Size : 44,9 Mb
Release : 2017-08-21
Category : Law
ISBN : 9789811058769
This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America. It examines how each of those states has adopted, interpreted and applied the provisions of the Model Law, and highlights the effects of inconsistencies by examining jurisprudence in each of these countries, specifically how the Model Law affects existing principles of recognition of insolvency proceedings. The book examines how the UNCITRAL Guide to enactment of the Model Law has affected the interpretation of each of its articles and, in turn, the courts’ ability to interpret and hence give effect to the purposes of the Model Law. It also considers the ability of courts to refer to amendments made to the Guide after enactment of the Model Law in a state, thereby questioning whether the current inconsistencies in interpretation can be overcome by UNCITRAL amending the Guide.
Author : Douglas G. Baird
Publisher : Cambridge University Press
Page : 203 pages
File Size : 48,6 Mb
Release : 2022-05-26
Category : Law
ISBN : 9781316512296
Reveals the unwritten and hitherto inaccessible principles that govern the restructuring of large corporations in Chapter 11.
Author : Jacob Ziegel
Publisher : Hart Publishing
Page : 213 pages
File Size : 50,6 Mb
Release : 2003-09
Category : Law
ISBN : 9781841132723
This study compares the insolvency regimes currently in place or likely to be adopted in the foreseeable future in various countries worldwide.
Author : Gerard McCormack,Andrew Keay,Sarah Brown
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 55,9 Mb
Release : 2017-01-27
Category : Law
ISBN : 9781786433312
Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
Author : Mary Eschelbach Hansen,Bradley A. Hansen
Publisher : University of Chicago Press
Page : 237 pages
File Size : 50,5 Mb
Release : 2020-02-05
Category : Business & Economics
ISBN : 9780226679730
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 : Iain Ramsay
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 45,6 Mb
Release : 2017-05-04
Category : Law
ISBN : 9781509900985
Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.