Statutory Priorities In Corporate Insolvency Law
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Author | : Christopher F. Symes |
Publisher | : Routledge |
Total Pages | : 290 |
Release | : 2016-12-05 |
Genre | : Law |
ISBN | : 1351897977 |
Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.
Author | : Christopher Francis Symes |
Publisher | : |
Total Pages | : 722 |
Release | : 2008 |
Genre | : Bankruptcy |
ISBN | : |
Author | : Christopher F. Symes |
Publisher | : |
Total Pages | : 17 |
Release | : 1998 |
Genre | : Bankruptcy |
ISBN | : |
Author | : David Milman |
Publisher | : |
Total Pages | : 238 |
Release | : 1987 |
Genre | : Business & Economics |
ISBN | : |
Author | : Kashyap, Amit |
Publisher | : IGI Global |
Total Pages | : 283 |
Release | : 2018-09-28 |
Genre | : Business & Economics |
ISBN | : 1522555420 |
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.
Author | : Bo Xie |
Publisher | : Edward Elgar Publishing |
Total Pages | : 328 |
Release | : 2016-11-25 |
Genre | : Law |
ISBN | : 1781007381 |
Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.
Author | : Vanessa Finch |
Publisher | : Cambridge University Press |
Total Pages | : 661 |
Release | : 2002-09-12 |
Genre | : Business & Economics |
ISBN | : 0521622565 |
This interdisciplinary examination of corporate insolvency law assesses recent reforms and anticipates new legislation.
Author | : Royston Miles Goode |
Publisher | : Sweet & Maxwell |
Total Pages | : 1189 |
Release | : 2011 |
Genre | : Law |
ISBN | : 0421966106 |
Principles of Insolvency Law is widely regarded as 'the' text on Insolvency law. Professor Sir Roy Goode's reputation as the "doyen of commercial law" has established a unique position for the Work as a leading authority in the field. The book provides a clear and concise treatment of the general philosophical principles underpinning Insolvency law. It works as an introduction to this complex area and as such it has a broad market, ranging from students and newly qualified practitioners to barristers in Court.
Author | : Alison Clarke |
Publisher | : Fred B. Rothman |
Total Pages | : 176 |
Release | : 1991 |
Genre | : Law |
ISBN | : |
Considering five areas of insolvency law, this volume contains essays on insolvency practitioners, global insolvencies in a world of nation states, priority rights on corporate insolvency, directors' duties with regards to insolvency and creditors' schemes of arrangement.
Author | : Rizwaan Jameel Mokal |
Publisher | : Oxford University Press on Demand |
Total Pages | : 360 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9780199264872 |
This volume analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticised on that basis. The author explains why consistency of principle must be sought and how it might be found in the relevant statutory and case law. He then constructs an egalitarian theory for the analysis of corporate insolvency law, based on the premise that all the parties affected by this law are to be treated as equals. He argues that this theory can reconcile the dictates of fairness with the demands of economic efficiency. The theory is employed to analyse some of the most important aspects of insolvency law. Why should the individualistic method of enforcing claims against solvent companies give way to a collective method during insolvency? Why are there different formal mechanisms for dealing with troubled companies? What role does the pari passu principle play in the distribution of an insolvent company s assets?The controversial issues of whether and when secured creditors should be accorded priority over others receive detailed consideration. The functional role of the floating charge and its relationship with receivership are also analysed in this context. The many questions relating to the operation of the new administration procedure introduced by the Enterprise Act 2002 are considered in the light of principle. The book also analyses the role of the wrongful trading provisions. It examines, finally, why insolvency law objects to certain transactions at an undervalue and those having a preferential effect. This volume aims to enhance understanding of this important branch of the law, and to suggest principled solutions to problems which have not yet received judicial attention.