Orderly And Effective Insolvency Procedures

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Orderly and Effective Insolvency Procedures

Author : International Monetary Fund
Publisher : International Monetary Fund
Page : 108 pages
File Size : 42,7 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.

Orderly and Effective Insolvency Procedures

Author : International Monetary Fund Staff
Publisher : Unknown
Page : 128 pages
File Size : 40,5 Mb
Release : 2000-07-15
Category : Electronic
ISBN : 1475510543

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Orderly and Effective Insolvency Procedures by International Monetary Fund Staff 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.

Insolvency and Enforcement Reforms in Italy

Author : José Garrido
Publisher : International Monetary Fund
Page : 21 pages
File Size : 45,7 Mb
Release : 2016-07-11
Category : Business & Economics
ISBN : 9781475570243

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Insolvency and Enforcement Reforms in Italy by José Garrido Pdf

Italian banks are burdened with high levels of nonperforming loans, the cleanup of which depends in important part on the efficiency of insolvency and enforcement processes. Traditionally, these processes in Italy have taken very long, hampering the timely cleanup of balance sheets. In response, the authorities have legislated a number of measures. This paper explores the recent insolvency and enforcement reforms and the remaining challenges. These reforms introduce important positive changes that are expected to yield full benefits over the medium to long term. The efficacy of the reforms, including to deal with the current stock of high nonperforming loans, can be enhanced by introducing effective out-of-court enforcement mechanisms, supplemented by a more intensive use of informal and hybrid debt-restructuring solutions. Moreover, there is an urgent need to rationalize the system, which over the years has become very complex and intricate.

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

Author : International Monetary Fund. Monetary and Capital Markets Department,International Monetary Fund,World Bank
Publisher : International Monetary Fund
Page : 77 pages
File Size : 45,9 Mb
Release : 2009-04-17
Category : Business & Economics
ISBN : 9781498336055

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An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency by International Monetary Fund. Monetary and Capital Markets Department,International Monetary Fund,World Bank Pdf

This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.

Executory Contracts in Insolvency Law

Author : Jason Chuah,Eugenio Vaccari
Publisher : Edward Elgar Publishing
Page : 673 pages
File Size : 51,5 Mb
Release : 2023-01-20
Category : Law
ISBN : 9781803923420

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Executory Contracts in Insolvency Law by Jason Chuah,Eugenio Vaccari Pdf

Executory Contracts in Insolvency Law offers a unique and wide-ranging transnational study of the treatment of ongoing contracts when one of the parties becomes insolvent. This second edition not only updates existing material, but also extends the analysis to key developing economies and restructuring hubs. Written by experts with extensive practical and scholarly knowledge in the field, this is a cutting-edge investigation into the philosophies and rationales behind the different policy choices adopted by more than 30 jurisdictions across the globe.

Insolvency Prospects Among Small-and-Medium-Sized Enterprises in Advanced Economies

Author : Mr.Federico J Diez,Mr.Romain A Duval,Jiayue Fan,José Garrido,Sebnem Kalemli-Ozcan,Chiara Maggi,Ms.Maria Soledad Martinez Peria,Mr.Nicola Pierri
Publisher : International Monetary Fund
Page : 29 pages
File Size : 45,7 Mb
Release : 2021-04-02
Category : Business & Economics
ISBN : 9781513574561

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Insolvency Prospects Among Small-and-Medium-Sized Enterprises in Advanced Economies by Mr.Federico J Diez,Mr.Romain A Duval,Jiayue Fan,José Garrido,Sebnem Kalemli-Ozcan,Chiara Maggi,Ms.Maria Soledad Martinez Peria,Mr.Nicola Pierri Pdf

The COVID-19 pandemic has increased insolvency risks, especially among small and medium enterprises (SMEs), which are vastly overrepresented in hard-hit sectors. Without government intervention, even firms that are viable a priori could end up being liquidated—particularly in sectors characterized by labor-intensive technologies, threatening both macroeconomic and social stability. This staff discussion note assesses the impact of the pandemic on SME insolvency risks and policy options to address them. It quantifies the impact of weaker aggregate demand, changes in sectoral consumption patterns, and lockdowns on firm balance sheets and estimates the impact of a range of policy options, for a large sample of SMEs in (mostly) advanced economies.

UNCITRAL Practice Guide on Cross-border Insolvency Cooperation

Author : Anonim
Publisher : United Nations Publications
Page : 0 pages
File Size : 50,7 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.

Comparative Insolvency Law

Author : Bo Xie
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 54,6 Mb
Release : 2016-11-25
Category : Law
ISBN : 9781781007389

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Comparative Insolvency Law by Bo Xie Pdf

Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.

From Bail-out to Bail-in

Author : Virginia Skidmore Rutledge,Michael Moore,Marc Dobler,Wouter Bossu,Nadège Jassaud,Ms.Jianping Zhou
Publisher : International Monetary Fund
Page : 27 pages
File Size : 44,9 Mb
Release : 2012-04-24
Category : Business & Economics
ISBN : 9781475503906

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From Bail-out to Bail-in by Virginia Skidmore Rutledge,Michael Moore,Marc Dobler,Wouter Bossu,Nadège Jassaud,Ms.Jianping Zhou Pdf

Staff Discussion Notes showcase the latest policy-related analysis and research being developed by individual IMF staff and are published to elicit comment and to further debate. These papers are generally brief and written in nontechnical language, and so are aimed at a broad audience interested in economic policy issues. This Web-only series replaced Staff Position Notes in January 2011.

The Use of Data in Assessing and Designing Insolvency Systems

Author : José Garrido,Mr.Wolfgang Bergthaler,Ms.Chanda M DeLong,Juliet Johnson,Amira Rasekh,Anjum Rosha,Natalia Stetsenko
Publisher : International Monetary Fund
Page : 44 pages
File Size : 50,6 Mb
Release : 2019-02-04
Category : Business & Economics
ISBN : 9781498300964

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The Use of Data in Assessing and Designing Insolvency Systems by José Garrido,Mr.Wolfgang Bergthaler,Ms.Chanda M DeLong,Juliet Johnson,Amira Rasekh,Anjum Rosha,Natalia Stetsenko Pdf

To date, the use of empirical data in insolvency law analysis has been sporadic. This paper provides a conceptual framework for the use of data to assess the effectiveness and efficiency of insolvency systems. The paper analyzes the existing sources of data on insolvency proceedings, including general insolvency statistics, judicial statistics, statistics of insolvency regulators and other sources, and advocates for the design of special data collection mechanisms and statistics to conduct detailed assessments of insolvency systems and to assist in the design of legal reforms.

Annual Review of Insolvency Law

Author : Janis P. Sarra
Publisher : Carswell Legal Publications
Page : 756 pages
File Size : 50,5 Mb
Release : 2008
Category : Law
ISBN : 077981472X

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Annual Review of Insolvency Law by Janis P. Sarra Pdf

Policy Options for Supporting and Restructuring Firms Hit by the COVID-19 Crisis

Author : Ms. Juliana Dutra Araujo,José Garrido,Emanuel Kopp,Mr. Richard Varghese,Weijia Yao
Publisher : International Monetary Fund
Page : 79 pages
File Size : 44,9 Mb
Release : 2022-02-23
Category : Business & Economics
ISBN : 9781513593463

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Policy Options for Supporting and Restructuring Firms Hit by the COVID-19 Crisis by Ms. Juliana Dutra Araujo,José Garrido,Emanuel Kopp,Mr. Richard Varghese,Weijia Yao Pdf

This paper presents principles that could guide the design of more targeted policy support and facilitate the restructuring of firms adversely impacted by the COVID-19 pandemic. To this end, the paper takes stock of vulnerabilities and risks in the enterprise sector and assesses countries’ preparedness to handle a large-scale restructuring of businesses. Crisis preparedness of insolvency systems is measured according to a newly designed indicator that includes five dimensions of the insolvency and restructuring regime (out-of-court restructuring, hybrid restructuring, reorganization, liquidation, and the institutional framework). Vulnerabilities tend to be more pronounced in jurisdictions with shortcomings in crisis preparedness, and those countries need to step up efforts to improve their insolvency systems.

Bankruptcy and Insolvency Law in Canada

Author : Stephanie Ben-Ishai,Thomas G. W. Telfer
Publisher : Irwin Law
Page : 824 pages
File Size : 44,8 Mb
Release : 2019-08-12
Category : Electronic
ISBN : 1552215172

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Bankruptcy and Insolvency Law in Canada by Stephanie Ben-Ishai,Thomas G. W. Telfer Pdf

Authored by leading experts from across the country, Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems reimagines the traditional casebook. It provides clear, accessible, and detailed textual commentary on the and presents problem-solving exercises to challenge students to do what lawyers are renowned for--provide solutions.

The Economics of Bankruptcy Reform

Author : Philippe Aghion,Oliver D. Hart,John Moore
Publisher : Unknown
Page : 78 pages
File Size : 41,8 Mb
Release : 1992
Category : Bankruptcy
ISBN : IND:30000113722445

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The Economics of Bankruptcy Reform by Philippe Aghion,Oliver D. Hart,John Moore Pdf

We propose a new bankruptcy procedure. Initially, a firm's debts are cancelled, and cash and non-cash bids are solicited for the 'new" (all-equity) firm. Former claimants are given shares, or options to buy shares, in the new firm on the basis of absolute priority. Options are exercised once the bids are in. Finally, a shareholder vote is taken to select one of the bids. In essence, our procedure is a variant on the U.S. Chapter 7, in which non-cash bids are possible; this allows for reorganization. We believe our scheme is superior to Chapter 11 since it is simpler, quicker, market-based, avoids conflicts, and places appropriate discipline on management.