The Law Of International Insolvencies And Debt Restructurings

Author : James R. Silkenat (jurist.),Charles D. Schmerler
Publisher : Unknown
Page : 744 pages
File Size : 55,5 Mb
Release : 2006
Category : Business & Economics
ISBN : STANFORD:36105134501407

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The Law of International Insolvencies and Debt Restructurings by James R. Silkenat (jurist.),Charles D. Schmerler Pdf

During the past several years, there have been an unprecedented number of insolvencies and restructurings of multinational corporations, both inside and outside of traditional bankruptcy proceedings. The Law of International Insolvencies and Debt Restructurings is the first treatise to analyze the newly created doctrines of law and procedure that have developed as insolvencies and restructurings have become increasingly international in character and now frequently involve the laws of numerous jurisdictions. Leading attorneys address developments in bankruptcy and insolvency laws in the countries that have become the focal points for legal proceedings, including the United States, Mexico, England, Spain, Italy, Argentina, Brazil, China, France, Japan, and Canada. Essential topics in the law of international restructuring and insolvency are also explored in depth, including national legislation and procedures, treaties and cooperation agreements, sovereign debt litigation, and inter-creditor relationships. Coverage includes: - Methods of restructuring multinational corporate and sovereign debt - Judicial bankruptcy proceedings - Rights of creditors - Jurisdiction and venue - European Council Regulations - Choice of Law - Dispute resolution - Access by foreign parties to U.S. bankruptcy courts

Author : Rodrigo Olivares-Caminal
Publisher : Unknown
Page : 0 pages
File Size : 41,7 Mb
Release : 2007
Category : Bankruptcy
ISBN : 9041124853

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Expedited Debt Restructuring by Rodrigo Olivares-Caminal Pdf

Thirteen national jurisdictions are covered in depth in this book. There are also general chapters on the global impact of merger legislation in the European Union and the United States, tax regimes, and private international law. The authors--each an expert in his or her own country's insolvency law regime--provide precise information on the eligibility requirements, restrictions, and other provisions of the laws they discuss. They also analyze the important relevant cases in their jurisdictions. Jurisdictions covered: Argentina. Australia. Brazil. Canada. England and Wales. France. Hong Kong. India. Italy. Japan. Poland. Turkey. USA.

Author : Kashyap, Amit
Publisher : IGI Global
Page : 261 pages
File Size : 52,8 Mb
Release : 2018-09-28
Category : Business & Economics
ISBN : 9781522555421

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Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy by Kashyap, Amit Pdf

With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.

Author : Daniele D'Alvia
Publisher : Routledge
Page : 118 pages
File Size : 47,8 Mb
Release : 2022-01-31
Category : Law
ISBN : 9781000610901

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International Insolvency and Finance Law by Daniele D'Alvia Pdf

Focusing on the Global Financial Crisis 2007-2010 and the new emerging Covid-19 crisis in 2020, this book examines the discourse on risk and uncertainty in the markets through the lens of financial crises. Such crises represent a failure of the law to regulate, and constitute the basis through which a new theory of legal constants can be introduced in comparative law. Crisis impose a dramatic reformulation of the law, the Covid-19 confirms this trend, and new out-of-law instances are appearing beyond a paternalistic approach of direct State regulation. Restructuring procedures are playing a vital role in businesses’ survival, and new out-of-law mechanisms such as moratorium agreements and private workouts have become essential to preserve businesses. It is clear that the role of the law has completely changed, and this book argues that constants outside of the law are new ways to promote an “uncodified-codification” of the law. The case for uncodified uncertainty in the Covid-19 crisis is a primary example of how no codification process can ignore the importance of out-of-law instances in the act of making law. This book explores how this approach influences the harmonisation process of international economic law between national insolvency regimes and international agreed frameworks, demonstrating the role of comparative law in formulating legal constants using Covid-19 and the complexity of modern financial markets as the criterion to introduce the reader to this new theory, which claims a new role for comparative law in policy making processes within the framework of international economic law.

Author : Philip R. Wood
Publisher : Sweet & Maxwell
Page : 1111 pages
File Size : 49,5 Mb
Release : 2007
Category : Bankruptcy
ISBN : 9781847032102

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Principles of International Insolvency by Philip R. Wood Pdf

This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting

Author : Shai Y. Waisman,Christopher Mallon
Publisher : Oxford University Press, USA
Page : 535 pages
File Size : 46,7 Mb
Release : 2011-04-07
Category : Business & Economics
ISBN : 9780199583775

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The Law and Practice of Restructuring in the UK and US by Shai Y. Waisman,Christopher Mallon Pdf

The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.

Author : August Reinisch
Publisher : Unknown
Page : 168 pages
File Size : 44,8 Mb
Release : 1995
Category : Debt relief
ISBN : STANFORD:36105061747858

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State Responsibility for Debts by August Reinisch Pdf

Author : Mr.Patrick Bolton
Publisher : International Monetary Fund
Page : 37 pages
File Size : 42,8 Mb
Release : 2003-01-01
Category : Business & Economics
ISBN : 9781451843026

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Toward a Statutory Approach to Sovereign Debt Restructuring by Mr.Patrick Bolton Pdf

This paper provides an overview of key elements of Corporate Bankruptcy Codes and Practice around the world that are relevant to the debate on Sovereign Debt Restructuring. It highlights four components common to most bankruptcy reorganization institutions: a stay on debt collection efforts to prevent a costly run for the assets, broad enforcement of absolute priority, majority voting among creditors on the proposed reorganization plan, and new higher priority financing to keep the firm going while its liabilities are restructured. The paper argues that these components ought to be present in any sovereign debt restructuring procedure.

Author : Christoph G Paulus
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 52,6 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849468213

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A Debt Restructuring Mechanism for Sovereigns by Christoph G Paulus Pdf

The Eurozone crisis which started in spring 2010 as a Greek budget crisis has alerted Europeans that the issue of defaulting sovereigns is not one reserved just for the poor and poorest countries on this globe. The crisis painfully amplified that developed countries, too, might be hit by this phenomenon. To be sure, this insight is far from novel - the history of defaulting states reaches back into history for at least two millennia. And yet, lawyers have surprisingly abstained more or less completely from discussing this subject and developing possible solutions. Beginning with the Argentina crisis in 2001, this neglect began to vanish to a certain degree and this movement got some momentum in 2010 by the Eurozone crisis. The present book collects contributions from authors most of whom have participated in a conference on this issue in January 2012 at the Humboldt-Universität zu Berlin. The presentations, thus, provide a unique overview of the present discussion both from an economic and legal perspective.

Author : Professor Paul Omar
Publisher : Ashgate Publishing, Ltd.
Page : 725 pages
File Size : 55,7 Mb
Release : 2013-12-28
Category : Law
ISBN : 9781409466673

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International Insolvency Law by Professor Paul Omar Pdf

International insolvencies are a common feature worldwide in business and finance sectors and the scale and frequency of such occurrences have caught the attention of many academics and commentators. Following on from the 2008 book, International Insolvency Law: Themes and Perspectives, this book presents up-to-date accounts of themes in the field of insolvency law. It deals with reforms in and challenges to the subject in relation to its comparative and international aspect. The cutting edge contributions include chapters from common law, civil and mixed traditions and have been conceived to increase awareness of the impact of insolvency law within domestic, regional and global contexts. Useful and thought-provoking, the chapters take an innovative approach and give new interpretations to hitherto available material. This book will be invaluable for those wishing to keep abreast of developments in jurisdictions representing all legal traditions and is a useful guide to the improvement and reform of insolvency laws and frameworks.

Author : Christoph G. Paulus
Publisher : Unknown
Page : 38 pages
File Size : 40,5 Mb
Release : 2002
Category : Conflict of laws
ISBN : STANFORD:36105063287135

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Towards International Rules on State Insolvencies by Christoph G. Paulus Pdf

Author : Elina Moustaira
Publisher : Springer
Page : 160 pages
File Size : 44,5 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 : Rodrigo Olivares-Caminal,John Douglas,Randall Guynn,Alan Kornberg,Sarah Paterson,Dalvinder Singh,Hilary Stonefrost
Publisher : OUP Oxford
Page : 0 pages
File Size : 43,5 Mb
Release : 2011-04-14
Category : Law
ISBN : 0199579695

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Debt Restructuring by Rodrigo Olivares-Caminal,John Douglas,Randall Guynn,Alan Kornberg,Sarah Paterson,Dalvinder Singh,Hilary Stonefrost Pdf

Debt Restructuring provides a legal analysis of international corporate, banking and sovereign debt restructuring from both the creditors' and debtors' perspective. It serves as a toolkit providing a practical review of different options available for parties to achieve their goals, focusing on transactional restructuring (or private work-outs).

Author : The World Bank
Publisher : World Bank Publications
Page : 103 pages
File Size : 45,8 Mb
Release : 2011-12-21
Category : Law
ISBN : 9780821389560

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Out of Court Debt Restructuring by The World Bank Pdf

This study provides a conceptual framework for the analysis of the questions of out-of-court debt restructuring from a policy-oriented perspective. The starting point of the analysis is given by the World Bank Principles for Effective Insolvency and Creditor Rights Systems. The study offers an overview of out-of-court restructuring, which is not seen as fundamentally opposed to formal insolvency procedures. Actually, the study contemplates different restructuring techniques as forming a continuum to the treatment of financial difficulties. Thus, from the purely contractual or informal arrangements for debt rescheduling between the debtor and its creditors, to the fully formal reorganization or liquidation procedures, there are numerous intermediate solutions. In the study, these solutions are identified by the terms of enhanced procedures where the contractual arrangements are supported by norms or principles for workouts; and hybrid procedures where the contractual arrangements are supported by the intervention of the courts or an administrative authority. The study discusses the advantages and disadvantages of all the debt restructuring techniques, and concludes, in this regard, that a legal system may contain a number of options a menu that can cover different sets of circumstances. In the end, the law may offer a toolbox with very different instruments that the parties may use depending on the specific facts of the case. A substantial part of the study is devoted to the analysis of the enabling regulatory environment for out-of-court restructuring. It is evident that debt restructuring does not operate in a vacuum: in fact, the general legal system influences and to a certain extent determines the possibilities for debt restructuring in any given jurisdiction. The study provides a checklist that can be used to examine the features of a legal system that bear a direct influence on debt restructuring activities. The different characteristics of informal restructurings, and of enhanced and hybrid debt restructurings are covered by the study. The different approaches to debt restructuring aim at combining the advantages of an informal approach with the advantages of formal procedures: especially, the existence of a moratorium on creditor actions and the binding effects of creditor agreements concluded within the insolvency process.

Author : Gerard McCormack
Publisher : Edward Elgar Publishing
Page : 319 pages
File Size : 41,7 Mb
Release : 2021-04-30
Category : Law
ISBN : 9781789908817

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The European Restructuring Directive by Gerard McCormack Pdf

This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.