The New Law Of Bankruptcy

Author : Virginia Torrie
Publisher : University of Toronto Press
Page : 317 pages
File Size : 43,8 Mb
Release : 2020-05-26
Category : History
ISBN : 9781487534134

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Reinventing Bankruptcy Law by Virginia Torrie Pdf

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 : A. B. Bence-Jones
Publisher : Unknown
Page : 374 pages
File Size : 53,9 Mb
Release : 1884
Category : Electronic
ISBN : HARVARD:32044011765872

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The New Law of Bankruptcy by A. B. Bence-Jones Pdf

Author : Stephanie Ben-Ishai,Thomas G. W. Telfer
Publisher : Irwin Law
Page : 824 pages
File Size : 52,5 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.

Author : A. B. Bence-Jones
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 1884
Category : Electronic
ISBN : OCLC:699306886

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The New Law on Bankruptcy by A. B. Bence-Jones Pdf

Author : Archibald B. Bence-Jones
Publisher : Unknown
Page : 128 pages
File Size : 52,7 Mb
Release : 1883
Category : Electronic
ISBN : OCLC:900439766

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The New Law of Bankruptcy by Archibald B. Bence-Jones Pdf

Author : David A. Skeel Jr.
Publisher : Princeton University Press
Page : 296 pages
File Size : 48,9 Mb
Release : 2014-04-24
Category : Business & Economics
ISBN : 9781400828500

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Debt's Dominion by David A. Skeel Jr. Pdf

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 : Lazar Sarna
Publisher : Markham, Ont. : LexisNexis Canada
Page : 128 pages
File Size : 48,7 Mb
Release : 2005
Category : Directors of corporations
ISBN : 0433450819

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Directors & Officers by Lazar Sarna Pdf

Author : Archibald B. Bence Jones
Publisher : Unknown
Page : 218 pages
File Size : 52,7 Mb
Release : 1883
Category : Electronic
ISBN : OXFORD:N11093282

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The New Law of Bankruptcy: Containing the Bankruptcy Act (46 and 47 Vict. C.52), Introduction, Tables, Notes and Index by Archibald B. Bence Jones Pdf

Author : Wela Quan
Publisher : Unknown
Page : 170 pages
File Size : 40,8 Mb
Release : 2019-08-22
Category : Bankruptcy
ISBN : 1552215199

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Bankruptcy Law Picture Book by Wela Quan Pdf

The Bankruptcy Law Picture Book: A Brief Intro to the Law of Bankruptcy, in Pictures is an illustrated guide that features helpful visual aids and diagrams explaining bankruptcy law.

Author : Martin A. Frey,Warren L. McConnico,Phyllis Hurley Frey
Publisher : Unknown
Page : 700 pages
File Size : 40,9 Mb
Release : 1992
Category : Law
ISBN : 0314001913

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An Introduction to Bankruptcy Law by Martin A. Frey,Warren L. McConnico,Phyllis Hurley Frey Pdf

Author : Barry E. Adler
Publisher : Edward Elgar Publishing
Page : 456 pages
File Size : 50,6 Mb
Release : 2020-06-26
Category : Law
ISBN : 9781781007884

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Research Handbook on Corporate Bankruptcy Law by Barry E. Adler Pdf

In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.

Author : Charles Jordan Tabb
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2016
Category : Bankruptcy
ISBN : 1634599276

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Law of Bankruptcy by Charles Jordan Tabb Pdf

"[This book provides an] analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more."--

Author : Anna Jane Samis Lund
Publisher : UBC Press
Page : 238 pages
File Size : 41,7 Mb
Release : 2019-12-01
Category : Law
ISBN : 9780774861441

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Trustees at Work by Anna Jane Samis Lund Pdf

Trustees at Work explores the role bankruptcy trustees play in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. The idea of a deserving debtor is woven throughout bankruptcy law, with debt relief being reserved for those debtors deemed deserving. The legislation and case law invite trustees to assess debtors based on their pre-bankruptcy choices, but in practice, trustees evaluate debtors based on how cooperative the debtors are during bankruptcy proceedings. This book uses interviews and statistical data to explain how the financial and emotional pressures of trustees’ work shape their decision-making process.

Author : Roderick J. Wood
Publisher : Essentials of Canadian Law
Page : 697 pages
File Size : 52,8 Mb
Release : 2015
Category : Law
ISBN : 1552214028

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Bankruptcy and Insolvency Law by Roderick J. Wood Pdf

This book examines the legal framework that governs bankruptcy and insolvency law in Canada. It is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. The book will appeal to judges, insolvency lawyers and professionals as well as to students and others new to the field.

Author : Thomas G.W. Telfer,Virginia Torrie
Publisher : UBC Press
Page : 282 pages
File Size : 55,5 Mb
Release : 2022-02-01
Category : Law
ISBN : 9780774867313

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Debt and Federalism by Thomas G.W. Telfer,Virginia Torrie Pdf

The legal meaning of bankruptcy and insolvency law has often remained elusive, even to practitioners and scholars in the field, despite having been enshrined in Canada’s Constitution since Confederation. Federal jurisdiction in this area must be measured against provincial powers over property and civil rights, among others. Debt and Federalism traces conceptions of the bankruptcy and insolvency power through four cases that form the constitutional foundation of the Canadian bankruptcy system: the 1894 Voluntary Assignments Case, Royal Bank of Canada v Larue in 1928, the 1934 Companies' Creditors Arrangement Act Reference Case, and the 1937 Farmers' Creditors Arrangement Act Reference Case. Together, they produced the bedrock for modern understandings of bankruptcy and insolvency law.