Reinventing Bankruptcy Law


Book Description

Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.




Reinventing Bankruptcy Law


Book Description

Reinventing Bankruptcy Law offers the first historical account of the CCAA, drawing on a broad array of historical sources including legislation, news sources, scholarly writing, archival materials, and more.




Reinventing State Capitalism


Book Description

The wave of liberalization that swept world markets in the 1980s and 90s altered the ways that governments manage their economies. Reinventing State Capitalism analyzes the rise of new species of state capitalism in which governments interact with private investors either as majority or minority shareholders in publicly-traded corporations or as financial backers of purely private firms (the so-called “national champions”). Focusing on a detailed quantitative assessment of Brazil’s economic performance from 1976 to 2009, Aldo Musacchio and Sergio Lazzarini examine how these models of state capitalism influence corporate investment and performance. According to one model, the state acts as a majority investor, granting the state-owned enterprise (SOE) financial autonomy and allowing professional management. This form, the authors argue, has reduced many agency problems commonly faced by state ownership. According to another hybrid model, the state uses sovereign wealth funds, holding companies, and development banks to acquire a small share of equity ownership in a corporation, thereby potentially alleviating capital constraints and leveraging latent capabilities. Both models have benefits and costs. Yet neither model has entirely eliminated the temptation of governments to intervene in the operation of natural resource industries and other large strategic enterprises. Nevertheless, the longstanding debate over whether private ownership is superior or inferior to state capitalism has become irrelevant, Musacchio and Lazzarini conclude. Private ownership is now mingled with state capital on a global scale.




Bankruptcy


Book Description

Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.




The 10 Laws of Career Reinvention


Book Description

Reinvention is the key to success in these volatile times—and Pamela Mitchell holds the key to reinvention! In The 10 Laws of Career Reinvention, America's Reinvention Coach® Pamela Mitchell offers every tool readers need to navigate the full arc of career change. Part I introduces the Reinvention Mindset, with what you need to know to be prepared mentally to get started. In Part II, you read the real-life stories of ten individuals who successfully made the leap to new and unexpected careers, using the 10 laws: The 1st Law: It Starts With a Vision for Your Life The 2nd Law: Your Body Is Your Best Guide The 3rd Law: Progress Begins When You Stop Making Excuses The 4th Law: What You Seek is on the Road Less Traveled The 5th Law: You’ve Got the Tools in Your Toolbox The 6th Law: Your Reinvention Board is Your Lifeline The 7th Law: Only a Native Can Give You the Inside Scoop The 8th Law: They Won't "Get" You Until You Speak Their Language The 9th Law: It Takes the Time That it Takes The 10th Law: The World Buys Into an Aura of Success Each story is followed by an in-depth lesson that explains how to adapt these laws to your own career goals, and what actions and precautions to take. The lessons answer all your tactical concerns about navigating the roadblocks, getting traction and managing your fears. The final section provides workbook exercises for fine-tuning your reinvention strategies for maximum results. Clear-headed, calming, practical, and thorough, this is the ideal action plan for getting through any career crisis and ending up securely in the lifestyle you've always dreamed of having.




Corporate Insolvency Law


Book Description

Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.




The Unwritten Law of Corporate Reorganizations


Book Description

Reveals the unwritten and hitherto inaccessible principles that govern the restructuring of large corporations in Chapter 11.




Secured Credit Under English and American Law


Book Description

McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.







Responsible Restructuring


Book Description

Firms that restructure through downsizing are not more profitable than those that don't, and often end up hurting themselves in the long run. Responsible Restructuring draws on the results of an eighteen-year study of S&P 500 firms to prove that it makes good business sense to restructure responsibly-to avoid downsizing and instead regard employees as assets to be developed rather than costs to be cut. Wayne Cascio explodes thirteen common myths about downsizing, detailing its negative impact on profitability, productivity, quality, and on the morale, commitment, and even health of survivors. He uses real-life examples to illustrate successful approaches to responsible restructuring used by companies such as Charles Schwab, Compaq, Cisco, Motorola, Reflexite, and Southwest Airlines. And he offers specific, step-by-step advice on what to do-and what not to do-when developing and implementing a restructuring strategy that, unlike layoffs, leaves the organization stronger and better able to face the challenges ahead.