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Author : Janis Pearl Sarra
Publisher : Unknown
Page : 340 pages
File Size : 51,8 Mb
Release : 2003
Category : Business & Economics
ISBN : 0802085598
Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders.
Author : Janis Pearl Sarra
Publisher : Unknown
Page : 352 pages
File Size : 48,8 Mb
Release : 2003
Category : Law
ISBN : 080208754X
Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Author : Siddharth Sharma,Mehnaz Safavian
Publisher : World Bank Publications
Page : 48 pages
File Size : 41,7 Mb
Release : 2007
Category : Electronic
ISBN : 8210379456XXX
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 260 pages
File Size : 49,8 Mb
Release : 1990
Category : Bankruptcy
ISBN : STANFORD:36105045480824
Author : David A. Skeel Jr.
Publisher : Princeton University Press
Page : 296 pages
File Size : 45,5 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 : Québec (Province)
Publisher : Unknown
Page : 356 pages
File Size : 42,7 Mb
Release : 1889
Category : Law reports, digests, etc
ISBN : HARVARD:HL4GRK
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher : Unknown
Page : 696 pages
File Size : 42,7 Mb
Release : 1975
Category : Bankruptcy
ISBN : UOM:39015055338175
Author : Howard Whitton
Publisher : Org. for Economic Cooperation & Development
Page : 120 pages
File Size : 43,5 Mb
Release : 2005
Category : Business & Economics
ISBN : UOM:39015062439727
Conflicts of interest in both the public and private sectors have become a major matter of public concern world-wide. The OECD Guidelines define a conflict of interest as occurring when a public official has private-capacity interests which could improperly influence the performance of their official duties and responsibilities. However, identifying a specific conflict of interest in practice can be difficult. And resolving the conflicting interests appropriately in a particular case is something that most people find even more challenging. The Toolkit focuses on specific techniques, resources and strategies for: Identifying, managing and preventing conflict-of-interest situations more effectively; and Increasing integrity in official decision-making, which might be compromised by a conflict of interest. This Toolkit provides non-technical, practical help to enable officials to recognise problematic situations and help them to ensure that integrity and reputation are not compromised. The tools themselves are provided in generic form. They are based on examples of sound conflict-of-interest policy and practice drawn from various OECD member and non-member countries. They have been designed for adaptation to suit countries with different legal and administrative systems. FURTHER READING: Managing Conflict of Interest in the Public Service: OECD Guidelines and Country Experiences
Author : Stijn Claessens,Leora Klapper
Publisher : World Bank Publications
Page : 40 pages
File Size : 41,6 Mb
Release : 2002
Category : Bankruptcy
ISBN : 8210379456XXX
Author : International Monetary Fund
Publisher : International Monetary Fund
Page : 108 pages
File Size : 47,6 Mb
Release : 1999-08-02
Category : Business & Economics
ISBN : 1557758204
Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
Author : Kayode Akintola
Publisher : Edward Elgar Publishing
Page : 211 pages
File Size : 46,5 Mb
Release : 2020-11-27
Category : Law
ISBN : 9781788971393
The significant role of credit in obtaining corporate capital means that credit and the treatment of creditors’ interests raises distinctive issues in the event of company insolvency. In this book, Kayode Akintola addresses these issues, providing an exceptional in-depth analysis of the principles, policy and practice of creditor treatment in corporate insolvency law.
Author : Virginia Torrie
Publisher : University of Toronto Press
Page : 317 pages
File Size : 51,9 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 : Mr.Shekhar Aiyar,Mr.Wolfgang Bergthaler,Jose M Garrido,Ms.Anna Ilyina,Andreas Jobst,Mr.Kenneth H Kang,Dmitriy Kovtun,Ms.Yan Liu,Mr.Dermot Monaghan,Ms.Marina Moretti
Publisher : International Monetary Fund
Page : 79 pages
File Size : 53,6 Mb
Release : 2015-09-24
Category : Business & Economics
ISBN : 9781513591278
Europe’s banking system is weighed down by high levels of non-performing loans (NPLs), which are holding down credit growth and economic activity. This discussion note uses a new survey of European country authorities and banks to examine the structural obstacles that discourage banks from addressing their problem loans. A three pillared strategy is advocated to remedy the situation, comprising: (i) tightened supervisory policies, (ii) insolvency reforms, and (iii) the development of distressed debt markets.
Author : Anonim
Publisher : Unknown
Page : 500 pages
File Size : 40,5 Mb
Release : 1896
Category : Law
ISBN : UCAL:B4437014
Containing reports from Pennsylvania judicial districts and other leading decisions.
Author : Alan Uzelac
Publisher : Springer Science & Business Media
Page : 263 pages
File Size : 51,6 Mb
Release : 2014-01-11
Category : Law
ISBN : 9783319034430
This book is a collection of papers that address a fundamental question: What is the role of civil justice and civil procedure in the various national traditions in the contemporary world? The book presents striking differences among a range of countries and legal traditions, but also points to common trends and open issues. It brings together prominent experts, professionals and scholars from both civil and common law jurisdictions. It represents all main legal traditions ranging from Europe (Germanic and Romanic countries, Scandinavia, ex-Socialist countries) and Russia to the Americas (North and South) and China (Mainland and Hong Kong). While addressing the main issue – the goals of civil justice – the book discusses the most topical concerns regarding the functioning and efficiency of national systems of civil justice. These include concerns such as finding the appropriate balance between accurate fact-finding and the right to a fair trial within a reasonable time, the processing of hard cases and the function of civil justice as a specific public service. In the mosaic of contrasts and oppositions special place is devoted to the continuing battle between the individualistic/liberal approach and the collectivist/paternalistic approach – the battle in which, seemingly, paternalistic tendencies regain momentum in a number of contemporary justice systems.