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| corporate rescue and insolvency: Rescue! Janis Pearl Sarra, 2007 |
| corporate rescue and insolvency: Corporate Rescue Law--an Anglo-American Perspective Gerard McCormack, 2008-01-01 . . . a highly readable and informative text and an excellent addition to insolvency scholarship. . . In their entirety, the chapters of Corporate Rescue Law An Anglo-American Perspective represent one of the most incisive and relevant treatments of comparative insolvency regimes to date. . . This book is an absolute boon: it provides the reader with a mass of legal and practical insights into the workings of two ostensibly divergent systems and challenges received wisdom in a fluent and persuasive manner. Not only are legal differences examined through the lens of practice, but also commercial, philosophical and social responses to failure are considered and highlighted as possible drivers of those real distinctions that do exist. Professor McCormack has produced an exceptional work that should be required reading for academics, practitioners and policy makers alike, and is to be warmly congratulated. Sandra Frisby, Banking and Finance Law Review The issues are well chosen. They are easily the most important aspects of any corporate rescue law. The careful analysis of the technical provisions, the incorporation of the extensive scholarship on the two corporate rescue regimes and the reference to practice in the real world all help to make these chapters an indispensable tool for any scholar wishing to gain a better understanding of the similarities and differences of English and American corporate rescue laws. . . This monograph could not have come at a better time. . . The comparative account in this book will help law reformers, judges and scholars to have a better grasp of the issues and appreciate better how the two systems have dealt with them. . . Comparative law has a critical role to play in promoting mutual understanding and respect. It is hoped that this monograph will help in that respect. Wee Meng Seng, Singapore Journal of Legal Studies This book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is pro-debtor and UK law is pro-creditor , and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights. Integrating theoretical and practical insights, this book will be of great interest to academics and practitioners, and also to policymakers in the DTI, Insolvency Service and regulatory bodies. |
| corporate rescue and insolvency: Comparative Insolvency Law Bo Xie, 2016-11-25 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. |
| corporate rescue and insolvency: Employee Rights in Corporate Insolvency Hamiisi Junior Nsubuga, 2020 This book analyses corporate rescue laws, processes and policies prescribed in corporate insolvency or bankruptcy laws, and employment laws of the UK and the US, with a particular focus on how extant employee rights are treated when a debtor employer initiates corporate insolvency proceedings. The commencement of formal insolvency proceedings by an employer affects employees' rights and interests. Employment laws seek to protect employees' rights and interests, while insolvency laws seek to promote corporate rescue, which may entail workforce changes. Consequently, this creates a tension between whose interest insolvency law should give primacy of protection. The book analyses how corporate rescue processes such as administration, pre-pack business sales, company voluntary arrangements, receivership and liquidation impact employee rights and protection during corporate rescue proceedings in both jurisdictions. It goes on to address how the federal system of government in the US and the diffusion of power between federal and state law jurisdictions impact a uniform code of employee protection during Chapter 11 bankruptcy reorganisation proceedings. The book considers how an interpretative approach to law (Dworkin's Interpretative Theory of Law) may be used to balance both employee protection and corporate rescue laws during corporate insolvency in the UK and the US. Of interest to academics, students and employment law practitioners, this book examines the tension between corporate rescue laws and employment protection laws during corporate insolvency in the US and the UK and how this tension may be remedied or balanced. |
| corporate rescue and insolvency: A Global View of Business Insolvency Systems Jay Lawrence Westbrook, 2010 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. |
| corporate rescue and insolvency: The Interpretation and Value of Corporate Rescue John M. Wood, 2022-12-13 This incisive book critically explores the principles, purpose and application of corporate rescue in order to bring new significance to rescue theory. Responding to key legislative developments and recent case law, it examines major insolvency theories and establishes which theoretical principles are prominently applied in practice, and whether these principles have affected the drivers of policy consideration. |
| corporate rescue and insolvency: Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy Kashyap, Amit, 2018-09-28 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. |
| corporate rescue and insolvency: Corporate and Personal Insolvency Law Fiona Tolmie, 2013-03-04 First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company. |
| corporate rescue and insolvency: Rescue of Business in Europe Gert-Jan Boon, 2020-01-30 This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context. |
| corporate rescue and insolvency: Tolleys Taxwise 2021-22 David Heaton, Philip Rutherford, Julie Ward, 2021-11-22 |
| corporate rescue and insolvency: International Insolvency Law Professor Paul Omar, 2013-02-28 International insolvency is a newly-established branch of the study of insolvency that owes much to the phenomenon of cross-border incorporations and conduct of business in more than one jurisdiction. It is largely an offspring of globalization. Paul Omar examines the development of domestic rules dealing with cross-border instances and the many international projects in the field. |
| corporate rescue and insolvency: Baird's Practical Guide to the Companies' Creditors Arrangement Act David E. Baird, 2009 The author's autobiographical approach, based on 50 years of practicing bankruptcy and insolvency law, furnishes the reader with a detailed outline of how a restructuring under the Companies’ Creditors Arrangement Act (the CCAA) is planned and implemented. It includes sample precedents and genuine documents from real-life restructurings such as Air Canada, Algoma Steel, and Nortel.--pub. desc. |
| corporate rescue and insolvency: Hong Kong Corporate Insolvency Manual Charles D. Booth, Stephen Briscoe, Edward Lawson Griffin Tyler, 2015 |
| corporate rescue and insolvency: Corporate Rescue Katarzyna Gromek Broc, Rebecca Parry, 2004 For many years, The functioning of the single European market has made it easy for companies to establish themselves and do business throughout the European Union¿unless, that is, they failed. In that case, until recently, a company became subject To The insolvency laws of each individual country. The divergence among these laws seemed far beyond the possibility of harmonisation. During the last few years, however, a twofold development is bringing relief. First, thanks To The European Regulation on Insolvency And The UNCITRAL Model Insolvency Laws, jurisdictional issues can be resolved and determined in cases where more than one country is affected by the insolvency of a particular enterprise. Second¿and far more promising¿stated EU policy goals urging a convergence in thinking on substantive insolvency issues at the Member State level are bearing fruit in reforms that abandon extreme or unusual features and open more common ground. Spearheading these reforms are statutory corporate insolvency procedures that offer an alternative to liquidation¿procedures grouped under the heading of corporate rescue. In this book eleven outstanding European insolvency law specialists, representing both practitioners and academics, investigate significant changes in corporate rescue laws that have either already been implemented or that are on the law reform agenda. The essays include expert analyses and evaluations of corporate rescue laws in each of six EU Member States¿France, Germany, Italy, Spain, Sweden, And The United Kingdom¿as well as insightful discussions of the broader European context. Because corporate rescue is the lifeblood of insolvency law, it is likely to be this aspect that has the greatest role to play in the economic and social development of the European Union. For this reason¿and because of the obvious beneficial value of corporate rescue in ensuring fair treatment of creditors and protection of debtors, As well as in reducing the level of stigma attached to insolvency¿Corporate Rescue in Europe will be valued by company lawyers and law firms throughout Europe, and in particular to those handling bankruptcy and insolvency proceedings. |
| corporate rescue and insolvency: Corporate Rescue Rebecca Parry, 2008 Corporate Rescue serves as a comprehensive and user-friendly guide to the rescue of insolvent companies and businesses. It offers an in-depth analysis of relevant case law and legislation and provides you with the tools you need to advise successfully in this area of law.--BOOK JACKET. |
| corporate rescue and insolvency: Annual Review of Insolvency Law Janis P. Sarra, 2008 |
| corporate rescue and insolvency: Orderly and Effective Insolvency Procedures International Monetary Fund, 1999-08-02 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. |
| corporate rescue and insolvency: Corporate Rescue and Insolvency , 2000 |
| corporate rescue and insolvency: Gore-Browne on Companies Sir Francis Gore-Browne, A. J. Boyle, Richard Sykes, 2004 The implementation of the Companies Act 2006 and those existing cases and transactions that come under the 1985 and 1989 Acts present company lawyers with a unique challenge. This work covers every stage of the company life cycle from formation to insolvency, providing answers to questions on share capital, directors' duties and meetings. |
| corporate rescue and insolvency: Company Liquidations Harry Rajak, 2006 This title is a user-friendly guide to the procedures involved in liquidating a company. It covers both voluntary and compulsory winding-up and considers the role of liquidators, the consequences of their work and the pitfalls they face. |
| corporate rescue and insolvency: Executory Contracts in Insolvency Law Jason Chuah, Eugenio Vaccari, 2019 Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe. |
| corporate rescue and insolvency: Corporate Insolvency Law Rizwaan Jameel Mokal, 2005 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. |
| corporate rescue and insolvency: Corporate Insolvency Edward Bailey, Hugo Groves, 2014-12-05 Bailey and Groves: Corporate Insolvency - Law and Practice is a leading commentary on the substantive law of corporate insolvency and practical guidance on the various procedures arising in this important field.Written by recognised experts in the field, it remains a user-friendly text covering all aspects on corporate insolvency in one volume and is accessible to both legal and accountancy practitioners. |
| corporate rescue and insolvency: Corporate Governance in Transition Marjan Marandi Parkinson, 2018-09-17 This book presents an account of legal, economic and managerial perspectives on governance in situations of financial distress and insolvency. It uses detailed real-life case studies of executive decision making to explore and illustrate the discussion. The book deals with the emergence of corporate governance as a framework of checks and balances on executive decision-making, before moving to the core issues of governance during financial distress and insolvency and alternative informal and formal rescue. Identifying and reviewing turnaround strategies and formal rescue processes available to management, the book also examines the increasing importance of creditors and their impact on business decision-making. The book provides a detailed interpretation of governance in five mega insolvencies in retail and construction following the financial crisis in 2008. It also sets out a methodology which is designed to inform and help those readers seeking to analyse and interpret director behaviour in such circumstances. |
| corporate rescue and insolvency: The European Restructuring Directive Gerard McCormack, 2021-04-30 This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority. |
| corporate rescue and insolvency: Insolvency Law Andrew R. Keay, Peter Walton, 2008 Covering the subject of insolvency law, this text contains detailed academic analysis where necessary and also covers areas of debate and controversy in the subject. Insolvency is set in its social, economic and historical context and brief extracts for judgements and statutes are given. |
| corporate rescue and insolvency: Corporate Rescue Alice Belcher, 1997 This book takes a conceptual, interdisciplinary approach to the issues surrounding corporate rescue and the decision possibilities for companies in decline. The broad perspective enables the reader to understand the wider business context of insolvency law. |
| corporate rescue and insolvency: Tolley's Insolvency Law Shashi Rajani, 1999-11-18 Tolley's Insolvency Law Service is the ideal solution for those who want to reduce the time they spend hunting for information. Whether the client is an individual or a company, a creditor or debtor, Tolley's Insolvency Law is an invaluable companion, saving you time and effort. Leading insolvency experts provide updates six times a year. A practical approach avoids technical jargon in favour of a straightforward explanation of the facts. Users value the first class commentary, guidance and advice on the many methods and solutions relating to personal and corporate insolvency, and rely on Tolley's Insolvency Law as the very first port of call for any insolvency query. A newsletter is provided 12 times a year with this service. This includes topical articles, legislative changes and case updates. Six service updates per year. A practical hands-on approach - ideal for today's busy practitioner.Updates are invoiced separately. |
| corporate rescue and insolvency: The Insolvency Service House of Commons Business and Enterprise, 2009-05-06 With the economic downturn there has been an alarming increase in the number of companies entering liquidation and unprecedented numbers of people are being made bankrupt. So the Committee decided to review the work of the Insolvency Service and found it to operate in a generally efficient and effective way. The investigation, though, uncovered concerns about the insolvency regime. Public confidence in the insolvency regime will be damaged unless prompt, robust and effective action is taken to ensure that pre-pack administrations (when a company's business and assets are sold on terms that were negotiated between the buyer and the administrator before the company formally entered administration) are transparent and free from abuse. This causes particular outrage where the existing management buy back the business and continue to trade clear of the original debts (Phoenix pre-packs). Pre-packs of this kind fuel concerns about illegitimate, self-serving alliances between directors and insolvency practitioners. The interests of unsecured trade creditors must take a higher priority, especially in phoenix pre-pack administrations. The Committee welcomes the new practice statement, Statement of Insolvency Practice 16, which aims to increase the transparency of pre-packs. Monitoring of its implementation, in the recession, becomes a matter of considerable urgency. Insolvency practitioners' remuneration is perceived as unduly high by many creditors: the Insolvency Service should publicise the results of it monitoring to see whether insolvency practitioners are complying with the current practice statement governing the approval of their fees. The Department for Business, Enterprise and Regulatory Reform must ensure the Service's funding arrangements are sufficiently robust to handle the very high levels of insolvency. |
| corporate rescue and insolvency: Principles of Corporate Insolvency Law Roy Goode, 2007 |
| corporate rescue and insolvency: Corporate Insolvency Law Vanessa Finch, David Milman, 2017-10-19 A new and substantially revised edition which looks critically at the broad effect and conceptual underpinnings of corporate insolvency law. |
| corporate rescue and insolvency: Legislative Guide on Insolvency Law United Nations Commission on International Trade Law, 2005 This publication seeks to assist the establishment of a legal framework for an efficient and effective national corporate insolvency regime which strikes a balance between the financial difficulties of debtors and the interests of creditors and other relevant parties, as well as addressing public policy concerns. The text of this draft legislative guide was adopted by UNCITRAL in June 2004 and approved by UN General Assembly resolution 59/40 in December 2004. |
| corporate rescue and insolvency: The Insolvency Review Donald S. Bernstein, Lola Abdukhalykova, 2022 |
| corporate rescue and insolvency: Company Charges Joshua Getzler, Jennifer Payne, 2006-08-24 This timely new work is a collection of essays focusing on different aspects relating to the recent case of Spectrum Plus. The House of Lords decision in Spectrum has generated a lot of interest in the profession and has important commercial implications for the business community as well as altering the position on charges given over book debts. These amongst other issues are discussed by the various contributors. |
| corporate rescue and insolvency: History of Insolvency and Bankruptcy from an International Perspective Karl Gratzer, Dieter Stiefel, 2008 |
| corporate rescue and insolvency: The Law of Insolvency in South Africa Walter Herbert Mars, 2008 |
| corporate rescue and insolvency: Corporate Rescue & Insolvency Mark Brandon, 1999 |
| corporate rescue and insolvency: The role of the administrator in the corporate rescue process in Australia and Germany Ole Kramp, 2009-02-23 Scientific Essay from the year 2008 in the subject Law - Comparative Legal Systems, Comparative Law, grade: High Distinction, The University of Adelaide, language: English, abstract: A Corporate rescue Generally speaking, the corporate rescue process and the liquidation procedure form the two basic columns of a modern insolvency regime.(2) Whereas the Australian legislator expressly implemented these two procedures the German legislator codified a uniform insolvency process. An effective corporate rescue procedure is a cornerstone of a prospering economy. Economical value is closely connected to the risk of economic loss. Therefore, economic growth will only be sustainable if investments are supported by safeguards donated by effective insolvency regimes not only focussing on a fast liquidation but also on the reorganisation or rescue of a company. Only the careful balance of creditors’ rights and the entrepreneurial spirit of the debtors ensure attractiveness for investments.(3) B Comparative approach This essay is focussed on the administrator as point of comparison because his role in the process significantly reflects the principles of the underlying corporate rescue regime. In both countries Australia and Germany the administrator is a relatively influential organ. The essay will show that the role of the German administrator is much more influenced by the court than in Australia. The essay’s goal is to examine selected issues concerning the Australian and German administrator. After presenting the different roles in the Australian and German corporate rescue process the essay will critically review the role of the administrator in both regimes in order to examine the effectiveness of the process from a comparative point of view. ********* (2) See United Nations Commission on International Trade Law, Legislative Guide on Insolvency Law (2005) 14, recommendation 2. (3) United Nations Commission on International Trade Law, see above n 1, 11. |
List of corporations in Pittsburgh - Wikipedia
This is a list of major corporations headquartered in the metropolitan area of Pittsburgh, Pennsylvania. There are nine Fortune 500 companies headquartered in the Pittsburgh …
Secretary of State - pa
Search for business information and services provided by the Pennsylvania Secretary of State.
Record Searches | Department of State | Commonwealth of ...
Inquiries concerning rejected filings should be directed to the Business Processing Section. You may reach the bureau by telephone by calling (717) 787-1057. The telephone lines are …
CORPORATE Definition & Meaning - Merriam-Webster
The meaning of CORPORATE is formed into an association and endowed by law with the rights and liabilities of an individual : incorporated. How to use corporate in a sentence.
Pennsylvania Dept. of State | Business Entity Search
This gives you the power to check if a business name has been reserved in the State of Pennsylvania, the status of the business that owns it, or to find that Pennsylvania entity’s …
20 Companies Headquartered in the Pittsburgh Area - Indeed
Jun 9, 2025 · In this article, we provide a list of 20 companies headquartered in Pittsburgh, Pennsylvania, and include information about their sizes, operations and the types of positions …
CORPORATE | English meaning - Cambridge Dictionary
CORPORATE definition: 1. relating to a large company: 2. of or shared by a whole group and not just of a single member…. Learn more.
List of corporations in Pittsburgh - Wikipedia
This is a list of major corporations headquartered in the metropolitan area of Pittsburgh, Pennsylvania. There are nine Fortune 500 companies headquartered in the Pittsburgh …
Secretary of State - pa
Search for business information and services provided by the Pennsylvania Secretary of State.
Record Searches | Department of State | Commonwealth of ...
Inquiries concerning rejected filings should be directed to the Business Processing Section. You may reach the bureau by telephone by calling (717) 787-1057. The telephone lines are available …
CORPORATE Definition & Meaning - Merriam-Webster
The meaning of CORPORATE is formed into an association and endowed by law with the rights and liabilities of an individual : incorporated. How to use corporate in a sentence.
Pennsylvania Dept. of State | Business Entity Search
This gives you the power to check if a business name has been reserved in the State of Pennsylvania, the status of the business that owns it, or to find that Pennsylvania entity’s general …
20 Companies Headquartered in the Pittsburgh Area - Indeed
Jun 9, 2025 · In this article, we provide a list of 20 companies headquartered in Pittsburgh, Pennsylvania, and include information about their sizes, operations and the types of positions …
CORPORATE | English meaning - Cambridge Dictionary
CORPORATE definition: 1. relating to a large company: 2. of or shared by a whole group and not just of a single member…. Learn more.
