Principles of Bankruptcy Law


Book Description

This book focuses on the material covered in a typical law school course on Bankruptcy. It covers both business and consumer bankruptcy. The book explains basic bankruptcy concepts and then uses those concepts to make code provisions understandable.




The Logic and Limits of Bankruptcy Law


Book Description

A careful analysis of the fundamentals of bankruptcy law.




Principles of Corporate Insolvency Law


Book Description

This text explores in depth the fundamental principles of corporate insolvency law and the many conceptual and analytical problems posed by the legislation and offers both theoretical and practical solutions.




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.




Principles of International Insolvency


Book Description

This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting




The Oxford Handbook of Fiduciary Law


Book Description

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.




Corporate Bankruptcy


Book Description

Corporate bankruptcy is becoming an increasingly important topic in today’s turbulent environment. The bankruptcy decision can be a matter of life and death for the organization dealing with distress, but the impact of the phenomenon is magnified by the variety of business relationships in which companies typically are involved. If you are considering or need to know more about bankruptcy, this book will help you through all the important steps. Since bankruptcy affects customers, supply chain or network partners, managerial and non-managerial employees, landlords, and others, understanding the bankruptcy process can facilitate best-practice development and the protection of the organization’s interests both before and after a bankruptcy petition. This book does not attempt to provide advice; each case is unique and should be addressed by competent legal counsel. Rather, you’ll be provided with an overview of the fundamental principles and processes of both Chapter 11 reorganizations and Chapter 7 liquidations, incorporating examples drawn from relevant legal decisions, research findings, and common experience to highlight the issues involved and provide a basis for discussion. The author also includes details on a number of special topic areas, including small business bankruptcies, governance issues, contractual agreements and obligations such as franchising and collective bargaining agreements, and newly emerging issues surrounding the use of derivatives.




Principles of Cross-border Insolvency Law


Book Description

Insolvency proceedings have increasingly cross-border effects, which are regulated by many international regulations. This book answers the fascinating question of what the underlying principles of international (cross-border) insolvency laws are and how they can be used for the purpose of further harmonising cross-border insolvency law in the EU and beyond.




Bankruptcy Law


Book Description

To view or access the 2019 supplement, click here. Bankruptcy Law: Principles, Policies, and Practice puts bankruptcy law in context, illuminating the evolution of the Bankruptcy Code with an exploration of current and historical non-bankruptcy remedies. The book continually approaches each topic through the goals of creditors and debtors, exploring how each is served in various parts of the Code. Extensive questions and numerous problems focus student attention on the mechanics of the bankruptcy process. But they do so through the lens of history and policy, and they explain why the law is the way it is. The authors' aim in designing the casebook was to provide a very accessible medium for introducing students to bankruptcy law in a sophisticated manner. As the title indicates, the emphasis is on the relationship between the core principles essential to an understanding of the law, the policies animating those principles, and the challenges presented by the effectuation of those principles and policies in bankruptcy practice. In its methodology, Bankruptcy Law: Principles, Policies, and Practice relies on a variety of expository tools--textual discussion, comprehension questions, problems, cases and thought / discussion questions--all with a careful eye toward building upon previous materials and concepts. Economy of presentation is the hallmark of the casebook, but the Teacher's Manual picks up where the casebook leaves off. The Teacher's Manual is consciously drafted (in both organization and voice) as a set of detailed teaching notes. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book. PowerPoint slides are available upon adoption of this book. Download sample slides from the full 38-chapter presentation here. If you have adopted the book for a course, contact [email protected] to request the PowerPoint slides.




Law of Bankruptcy


Book Description

"[This book provides an] analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All relevant Supreme Court cases through the 2015 Term are discussed in depth, including, for example, Stern, Wellness, Arkison, Caulkett, Schwab, Ransom, Lanning, Baker Botts, and many more."--