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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Financial law > Bankruptcy & insolvency law
This new edition of Corporate Insolvency Law builds on the unique
and influential analytical framework established in previous
editions - which outlines the values to be served by insolvency law
and the need for it to further corporate as well as broader social
ends. Examining insolvency law in the fast-evolving commercial
world, the third edition covers the host of new laws, policies and
practices that have emerged in response to the fresh corporate and
financial environments of the post-2008 crisis era. This third
edition includes a new chapter on the growing issue of cross border
insolvency and deals with a host of recent developments, notably;
the consolidation of the rescue culture in the UK, the rise of the
pre-packaged administration, and the substantial replacement of
administrative receivership with administration. Suitable for
advanced undergraduate and graduate students, professionals and
academics, Corporate Insolvency Law offers an organised basis for
rising to the challenges of an ever-shifting area of the law.
The European Directive (Directive (EU) 2019/1023 of the European
Parliament and of the Council of 20 June 2020 on preventive
restructuring frameworks, on discharge of debts and
disqualification, and on measures to increase the efficiency of
procedures concerning restructuring, insolvency and discharge of
debt) has to be transposed into national legislation by 26 June
2021. The main features of the Directive are: - the obligatory
making available of early warning systems; - the obligatory
creation of an insolvency avoidance mechanism; - the determination
of certain insolvency related officers' duties; - the
uniformisation of discharge rules among member states; and -
measures to increase the national insolvency laws' efficiency In
this book a team of European-wide recognised, experienced
insolvency law experts, some of whom had been involved in the
drafting process of the Directive, analyse the Directive. The
authors focus not only on the officials tasked in the national
surroundings with drafting the national statutes but also on the
wider implications which, one way or the other, will be national
law. The commentary, thus, serves also the purposes of
practitioners and judges in the field of restructuring.
When debtors file for bankruptcy protection under Title 11 of the
U.S. Code, they may exempt the value of certain property; in many
cases, this includes their homestead. In practical terms, to the
extent that the property's value does not exceed the allowed
exemption amount, the debtor may keep the property rather than its
becoming part of the bankruptcy estate and thereby being available
to satisfy creditors. This book surveys the homestead exemption
laws of the 50 states and the District of Columbia with an emphasis
on the amount of the exemptions and the extent to which debtors may
choose between federal and state exemptions.
In this illuminating work, Ronald J. Mann offers readers a
comprehensive study of bankruptcy cases in the Supreme Court of the
United States. He provides detailed case studies based on the
Justices' private papers on the most closely divided cases,
statistical analysis of variation among the Justices in their votes
for and against effective bankruptcy relief, and new information
about the appearance in opinions of citations taken from party and
amici briefs. By focusing on cases that have neither a clear answer
under the statute nor important policy constraints, the book
unveils the decision-making process of the Justices themselves -
what they do when they are left to their own devices. It should be
read by anyone interested not only in the jurisprudence of
bankruptcy, but also in the inner workings of the Supreme Court.
A decade after the Global Financial Crisis and Great Recession,
developed economies continue to struggle under excessive household
debt. While exacerbating inequality and political unrest, this debt
- when combined with wage stagnation and a shrinking welfare state
- has played a key role in maintaining economic growth and allowing
households faced with rising costs of living to make ends meet. In
Bankruptcy: The Case for Relief in an Economy of Debt, Joseph
Spooner examines this economic model and finds it increasingly
unsustainable. In a call to action to reduce debt burden, he turns
to bankruptcy law, which is uniquely situated as a mechanism of
social insurance against the risks of a debt-dependent economy.
This book should be read by anyone interested in understanding the
problem of consumer debt and how best to address it.
This second edition of Commentary on the European Insolvency
Regulation expands upon what has become a widely cited work on the
recast EU Regulation on Insolvency Proceedings. It incorporates
important developments in the case law since the Regulation was
recast in 2015, as well as other significant updates. As with the
first edition, it provides a detailed article-by-article commentary
on the Regulation, written by a group of expert scholars and
practitioners from a range of European jurisdictions. Drawing on a
rich body of CJEU and national case law, as well as scholarly
developments, analysis of the Regulation is accompanied by a
chapter explaining the background to the Regulation's enactment and
recasting, identifying its key features, and examining the
relationship between the Regulation and new European Restructuring
Directive. As well as retaining the distinctive features of the
first edition-the multi-jurisdictional focus of the expert
contributors, and in-depth examination of the legislative provision
and case law -the second edition offers new analysis of issues that
have arisen since the publication of the first edition in 2016,
including updates on the impact of Brexit and the passage of the
European Restructuring Directive in 2019. This edition of
Commentary on the European Insolvency Regulation is therefore a key
new work for all those who advise or research on the topic of
European insolvency law.
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