International Cooperation In Bankruptcy And Insolvency Matters

Author : Bob Wessels,Hon. Bruce A Markell,Jason Kilborn
Publisher : Oxford University Press
Page : 284 pages
File Size : 41,8 Mb
Release : 2009-04-16
Category : Law
ISBN : 9780199712854

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International Cooperation in Bankruptcy and Insolvency Matters by Bob Wessels,Hon. Bruce A Markell,Jason Kilborn Pdf

International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

Author : B. Wessels,Bruce A. Markell,Jason J. Kilborn
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2024-06-02
Category : Conflict of laws
ISBN : 019771952X

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International Cooperation in Bankruptcy and Insolvency Matters by B. Wessels,Bruce A. Markell,Jason J. Kilborn Pdf

Author : Elina Moustaira
Publisher : Springer
Page : 160 pages
File Size : 41,5 Mb
Release : 2018-12-31
Category : Law
ISBN : 9783030044503

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International Insolvency Law by Elina Moustaira Pdf

This book presents problems that often arise in the context of international/cross-border insolvencies; analyzes and compares national legislations and jurisprudence; elucidates the solutions offered by international/regional instruments; and explores the differences in the implementation of these instruments by various countries and the consequences of these differences. It examines in detail a number of famous and less famous cases tried by national courts, in which it became readily apparent that insolvency law remains one of the bastions of national law. In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries’ insolvency [and international insolvency] law. Far from adopting an unrealistically optimistic stance, it soberly examines the complications of cross-border insolvencies, while also presenting potential solutions.

Author : Bob Wessels,Gert-Jan Boon
Publisher : Kluwer Law International B.V.
Page : 1042 pages
File Size : 54,5 Mb
Release : 2015-09-24
Category : Law
ISBN : 9789041159953

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Cross-Border Insolvency Law by Bob Wessels,Gert-Jan Boon Pdf

Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.

Author : Anonim
Publisher : Unknown
Page : 197 pages
File Size : 52,9 Mb
Release : 2002
Category : Bankruptcy
ISBN : 0642741638

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Cross-border Insolvency by Anonim Pdf

Author : Bob Wessels
Publisher : ADAC Verlag DE
Page : 60 pages
File Size : 42,9 Mb
Release : 2008
Category : Bankruptcy
ISBN : 9013059341

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Judicial cooperation in cross-border insolvency cases by Bob Wessels Pdf

Author : Bob Wessels
Publisher : Kluwer Law International
Page : 0 pages
File Size : 44,6 Mb
Release : 2006
Category : Bankruptcy
ISBN : 9041126023

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International Insolvency Law by Bob Wessels Pdf

International Insolvency Law by Professor Bob Wessels provides a comprehensive overview of the relevant issues regarding cross-border insolvency matters. The book is a translated, revised and augmented edition of the Dutch book `Internationaal insolventierecht¿, which appeared in 2003, and is to serve as a handbook for insolvency practitioners. it focuses on the (regional) developments of treaties and on `soft law¿ and `best practice¿ recommendations published by organisations like IMF, World Bank and INSOL International. This is followed by an overview of the current Dutch International Insolvency Law. Also thoroughly discussed is the UNCITRAL Model Law on Cross-Border Insolvency, including comments on Chapter 15 of the United States Bankruptcy Code, In force since October 2005, And The draft of the English Cross-Border Insolvency Regulations 2006. The fourth chapter covers an elaborate analysis of the EU Insolvency Regulations, including 150 cases from ten jurisdictions together with foreign literature. The book contains an observation on the development of the future international insolvency laws, An extensive bibliography and a list of relevant websites

Author : E. Leonard,Christopher W. Besant
Publisher : Springer
Page : 360 pages
File Size : 41,5 Mb
Release : 1994-07-26
Category : Business & Economics
ISBN : UOM:35112200372151

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Current Issues in Cross-Border Insolvency and Reorganizations by E. Leonard,Christopher W. Besant Pdf

This work, undertaken by the Insolvency and Creditors' Rights Committee of the International Bar Association's Section on Business Law, gathers together a critical assessment of some of the most pressing current issues in cross-border insolvency and reorganization, under the following headings: The Proposed European Community Insolvency Convention; Comparative Analysis of Chapter 11 with the UK Administration System; Maxwell Communication: New Aspects of Co-operation in International Insolvency; The Olympia & York Reorganization: Parallel International Reorganization Proceedings; Treatment of International Insolvency Issues in Japan; Cross-Border Insolvency Issues in Canada; Aspects of International Insolvency Administration in Germany; Practical Problems in Cross-Border Insolvencies; Recognition of Foreign Insolvency and Legal Proceedings in Italy; The New Insolvency Regimes in Russia and the CIS; Shareholder Liability, Consolidation and Pooling; The Model International Insolvency Co-operation Act; Effects of Foreign Bankruptcy Judgments and Power of Foreign Receivers - A French Perspective.

Author : Bob Wessels,Bruce A. Markell,Jason J. Kilborn
Publisher : Oxford University Press
Page : 285 pages
File Size : 46,5 Mb
Release : 2009
Category : Language Arts & Disciplines
ISBN : 9780195340174

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International Cooperation in Bankruptcy and Insolvency Matters by Bob Wessels,Bruce A. Markell,Jason J. Kilborn Pdf

International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

Author : International Monetary Fund
Publisher : International Monetary Fund
Page : 108 pages
File Size : 50,7 Mb
Release : 1999-08-02
Category : Business & Economics
ISBN : 1557758204

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Orderly and Effective Insolvency Procedures by International Monetary Fund Pdf

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 : Anonim
Publisher : United Nations Publications
Page : 0 pages
File Size : 47,7 Mb
Release : 2010
Category : Political Science
ISBN : 9211336880

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UNCITRAL Practice Guide on Cross-border Insolvency Cooperation by Anonim Pdf

Adopted by UNCITRAL on 1 July 2009, the publication provides information for insolvency practitioners and judges on practical aspects of cooperation and communication in cross-border insolvency cases. The information is based upon a description of collected experience and practice, focusing on the use and negotiation of cross-border agreements. It provides an analysis of more than 39 agreements, ranging from written agreements approved by courts to oral arrangement between parties to the proceedings that have been entered into over the last decade or so. It illustrates how the resolution of issues and conflicts that might arise in cross-border insolvency cases could be facilitated by cross-border cooperation, and includes a number of sample clauses to illustrate how different issues have been, or might be, addressed. It also includes summaries of the cases in which the cross-border agreements that form the basis of the analysis were used.

Author : Xinyi Gong
Publisher : Routledge
Page : 304 pages
File Size : 42,7 Mb
Release : 2017-11-20
Category : Business & Economics
ISBN : 9781351690904

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China’s Insolvency Law and Interregional Cooperation by Xinyi Gong Pdf

As a result of resumption of sovereignty over Hong Kong and Macao as well as the uncertain relationship between the Mainland and Taiwan, China has become a country composed of peculiar political compounds, resulting in four independent jurisdictions. This makes inter-regional legal cooperation a complicated yet compelling topic. Divided into five parts, this book considers possible solutions to problems in China’s inter-regional cross-border insolvency cooperation. These solutions are developed on the basis of two groups of comparative studies, including comparison among the cross-border insolvency systems of the four independent jurisdictions in China and comparison between EU Insolvency Regulation and the UNCITRAL Model Law. The author discusses the advantages and disadvantages of the two systems and presents original recommendations for the way forward. The book will be a valuable resource for academics and policy makers in insolvency law, Asian law and comparative law.

Author : Jodie Adams Kirshner
Publisher : University of Chicago Press
Page : 288 pages
File Size : 45,8 Mb
Release : 2018-05-10
Category : Law
ISBN : 9780226532028

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International Bankruptcy by Jodie Adams Kirshner Pdf

With the growth of international business and the rise of companies with subsidiaries around the world, the question of where a company should file bankruptcy proceedings has become increasingly complicated. Today, most businesses are likely to have international trading partners, or to operate and hold assets in more than one country. To execute a corporate restructuring or liquidation under several different insolvency regimes at once is an enormous and expensive challenge. With International Bankruptcy, Jodie Adams Kirshner explores the issues involved in determining which courts should have jurisdiction and which laws should apply in addressing problems within. Kirshner brings together theory with the discussion of specific cases and legal developments to explore this developing area of law. Looking at the key issues that arise in cross-border proceedings, International Bankruptcy offers a guide to this legal environment. In addition, she explores how globalization has encouraged the creation of new legal practices that bypass national legal systems, such as the European Insolvency Framework and the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law. The traditional comparative law framework misses the nuances of these dynamics. Ultimately, Kirshner draws both positive and negative lessons about regulatory coordination in the hope of finding cleaner and more productive paths to wind down or rehabilitate failing international companies.

Author : Guo, Shuai
Publisher : Edward Elgar Publishing
Page : 352 pages
File Size : 49,7 Mb
Release : 2022-02-15
Category : Law
ISBN : 9781802200560

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Recognition of Foreign Bank Resolution Actions by Guo, Shuai Pdf

This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based.

Author : Kayode Akintola,Folashade Adeyemo
Publisher : Taylor & Francis
Page : 169 pages
File Size : 44,9 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000823639

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Bank Insolvency Law in Developing Economies by Kayode Akintola,Folashade Adeyemo Pdf

The subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their banking institutions. Developing economies are acutely dependent on their banks for the functioning of their cash-based economies. Recent events, however, suggest a weakness in the long-term viability of some of their banks and a mixed-bag regulatory approach to redress this weakness. This book evaluates the effectiveness of regulatory frameworks in selected developing economies that are designed to prevent or resolve the insolvency of banks. At a time of global economic uncertainty, this book will prove to be a valuable resource to the discourse on the viability of banks, businesses, and economies in developing States.