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This book is the third volume in the Oxford International and
Comparative Insolvency Law Series. It addresses one of the critical
issues of any insolvency by providing comprehensive analysis of the
law and practice in relation to creditor claims. As with the two
previous volumes in the series the book provides a comparative view
by setting out the relevant law and practice in over 20
jurisdictions drawing out the divergences and common features of
domestic insolvency laws from a broad spectrum of countries. Areas
covered include submission of claims, verification and admission of
claims, ranking of insolvency and administration claims, treatment
of non-enforceable claims, and voting and participation rights.
Quality, uniformity and the high level of detail of National
Reports are the key benefits of this volume. The book assists
practitioners in assessing which ranking and participation rights
could be asserted by the various types of creditors in the
jurisdictions covered. For scholars it provides access to a wealth
of information which is currently not accessible in English.
This is the first volume in the new Oxford International and
Comparative Insolvency Law Series. The series will provide a
comparative analysis of all important aspects of insolvency
proceedings and domestic insolvency laws in the main economically
developed and emerging countries, starting with the opening of
proceedings. This volume addresses the commencement of insolvency
proceedings over business debtors and the conditions in which they
may arise. It explains the types of proceedings available and the
participants involved. The book also analyses the effect of such
action on the various players, assets and liabilities concerned.
The detail and uniform nature of the treatment of topics helps
practitioners to understand specific features of a foreign legal
system and effectively brief foreign counsel. For all readers, the
book provides access, through analysis in the detailed commentary,
to material that was previously only available in a foreign
language. Most major legal families (including various mixed legal
systems) are covered to reflect the needs of the international
insolvency community and intergovernmental organizations. This is
the only book that offers a thorough comparative analysis of
existing domestic insolvency laws concerning the opening of
insolvency proceedings in the main economically developed and
emerging countries.
This new book analyses the legal and practical issues experienced
during the Lehman Brothers litigation, the largest and most complex
bankruptcy proceedings in history. By examining the issues the work
provides a useful reference source for future large scale and
cross-border bankruptcy proceedings of multinational groups. The
author team includes experts from the various jurisdictions in
which Lehman Brothers was operative, many of whom were involved in
the litigation. The authors set out practical solutions to the
issues faced, concerning, for example, the use of existing payment
and settlement systems for consent solicitation, and filing
instructions and insolvency distributions. Economic challenges,
such as the valuation of distressed financial instruments, are also
considered. Additionally, the book provides a critique of the
current law, analysis of the interpretation and scope of core legal
principles and makes recommendations for regulatory reform and
judicial cooperation. In this book first-hand accounts by key
parties in the insolvency proceedings with expertise on the main
issues are complemented by the views of selected independent
experts to provide the first complete work on this ground-breaking
litigation.
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