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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Bankruptcy & insolvency law
This book provides an analysis and comparison of international
insolvency rules, maritime laws and their inevitable intersection
in maritime cross-border insolvencies. Until today, the on-going
shipping crisis resulted in the insolvency of numerous shipping
companies all over the world. The tensions arising between the
legal systems of maritime and insolvency law, paired with conflicts
of law in maritime insolvencies, are a major source of legal
uncertainty and risk. In 2010, the Comite Maritime International
installed an international working group on international maritime
insolvencies and until today it is work in progress. This book
gives an overview on maritime insolvencies, with a focus on
Germany, England & Wales and the USA, and assesses the chances
of achieving meaningful harmonization in the complex scenarios,
where ships as mobile assets add a further complication to
international insolvency proceedings.
Since 1979 the world has witnessed a remarkable cycle of personal
insolvency law reform. Changes in capitalist economies, financial
crises and political interest groups all contributed to this cycle
of reform. This book examines the role of interest groups and
distinct narratives in shaping reform in different countries while
drawing attention to the role of timing, path dependency and
unintended consequences in the development of personal insolvency
law. The book presents case studies of personal insolvency law in
the US, France, Sweden, and England and Wales. It then analyses
how, following the Great Recession of 2008, international financial
institutions paid greater attention to the significance of
household debt in contributing to financial instability and the
role of individual insolvency law in providing a fresh start.
Personal insolvency law reform became part of EU responses to the
eurozone crisis and the EU has proposed harmonisation of individual
insolvency law to promote entrepreneurialism. This book examines
the extent to which these developments represent an emerging
international commonsense about personal insolvency and its
relationship to neo-liberalism. Finally, this book discusses
whether the international emergence of individual personal
insolvency law represents a progressive step or a band-aid for the
costs of neo-liberal policies, where a significant number of people
live close to the precipice of over-indebtedness.
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.
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.
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