Employee and Pension Claims During Company Insolvency

Employee and Pension Claims During Company Insolvency
Author: Janis Pearl Sarra
Publisher: Carswell Legal Publications
Total Pages: 499
Release: 2008
Genre: Business & Economics
ISBN: 9780779817375

"This study is the most comprehensive analysis of the treatment of social claims in insolvency to date, and will make an important contribution to a timely and important public policy debate. The text can be used to challenge the status quo, to compare and contrast one system to another in order to frame an argument of why wages and pensions should be treated differently in your country. This book is divided into parts that are designed to provide the most detailed account of world insolvency systems and how they treat wages and benefits of employees."--pub. desc.

Corporate Insolvency

Corporate Insolvency
Author: David Pollard
Publisher:
Total Pages: 992
Release: 2021
Genre: Bankruptcy
ISBN: 9781526515650

"Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about ?association? and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work."--

The Protection of Workers' Claims in the Event of the Employer's Insolvency

The Protection of Workers' Claims in the Event of the Employer's Insolvency
Author: International Labour Office
Publisher: International Labour Organization
Total Pages: 164
Release: 1991
Genre: Business & Economics
ISBN: 9789221064770

Examines the development of different systems designed to protect wages and other benefits if the employer becomes insolvent. The book includes a comparative study and four country studies (Austria, Belgium, Spain and the UK) illustrating both arrangements based on the principle of privileged claims and wage guarantee institutions linked to social security.

Corporate Insolvency: Employment and Pension Rights

Corporate Insolvency: Employment and Pension Rights
Author: David Pollard
Publisher: Bloomsbury Publishing
Total Pages: 1214
Release: 2022-10-24
Genre: Law
ISBN: 1526515636

Bridges the gap between the three distinct disciplines of pensions, employment and corporate insolvency law. Through a mix of legislation, case law, analysis and comment, this well-regarded text gives you all the information you need to answer your clients' questions. It outlines the legal principles applicable where the three regimes interact, with a particular focus on the application of the rules relating to corporate insolvency and how they impact on employees and their pension rights. For example: - How is the position of employees affected by the appointment of an insolvency practitioner over their employing company? - Who is liable, and what priority is given to past or future claims? Updates for the 7th edition include: - Full treatment of CVAs and pensions - Implications of the Court of Appeal decision in Granada/Box Clever about “association” and about Pensions Regulator powers - Implications of proposed pensions legislation, including new criminal offences - New Crown preferential debts Corporate Insolvency: Employment and Pension Rights is cited in many works focusing on the employment and insolvency fields. If you work as an employment, pensions or corporate insolvency practitioner, you'll find its up-to-date case law and practical analysis an essential aid to your work. This title is included in Bloomsbury Professional's Insolvency Law online service.

Employer-sponsored Benefits

Employer-sponsored Benefits
Author: United States Government Accountability Office
Publisher: Createspace Independent Publishing Platform
Total Pages: 48
Release: 2017-09-15
Genre:
ISBN: 9781976431395

In recent years, considerable debate has centered on companies using the chapter 11 bankruptcy reorganization process to reduce or eliminate employer-sponsored benefits in an effort to become more competitive. Congress recently enacted several laws, in part, to help address this issue. Most notably, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) and the Pension Protection Act of 2006 (PPA). BAPCPA contained provisions related to chapter 11 business bankruptcies and sought to address the treatment of benefits during the bankruptcy process. In addition, the PPA amended several Employee Retirement Income Security Act of 1974 (ERISA) provisions related to defined benefit (DB) plans in bankruptcy. This report addresses (1) how, if at all, recent legislative changes affected the treatment of pension and health benefits during chapter 11 bankruptcies, and (2) what is known about the extent to which businesses have modified employee or retiree pension and health benefits. GAO reviewed filings of 115 public companies that filed for bankruptcy between October 17, 2004 and October 17,

Orderly and Effective Insolvency Procedures

Orderly and Effective Insolvency Procedures
Author: International Monetary Fund
Publisher: International Monetary Fund
Total Pages: 108
Release: 1999-08-02
Genre: Business & Economics
ISBN: 9781557758200

Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.

Rescue of Business in Europe

Rescue of Business in Europe
Author: Bob Wessels
Publisher: Oxford University Press
Total Pages: 1552
Release: 2020-01-30
Genre: Law
ISBN: 0192561111

This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.

A Global View of Business Insolvency Systems

A Global View of Business Insolvency Systems
Author: Jay Lawrence Westbrook
Publisher: Martinus Nijhoff Publishers
Total Pages: 319
Release: 2010
Genre: Law
ISBN: 9004180257

We live in an age of economic turmoil. The recent crises emphasize the need for modern, sophisticated rules to govern businesses in financial distress in order to realize value from distressed companies and to protect economic institutions. This book provides information for legislators, policymakers, lawyers, accountants, academics, and administrators who seek to understand the workings of insolvency laws. Guided by the World Bank’s Principles and Guidelines, it supplements the work in this field done by UNCITRAL.