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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.
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.
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.
This interdisciplinary examination of corporate insolvency law assesses recent reforms and anticipates new legislation.
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.
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.
Debt is a fact of life nowadays. Debt is used to help businesses grow and individuals secure their futures. But sometimes things go awry - the financial upheaval of pandemic being a prime example - and a debtor is left facing bills they cannot pay. Their creditors may then start to take legal action to recover their money and, if they are still not paid, creditors may threaten to present a bankruptcy or a winding up petition. The law and procedures involved are complex and can seem overwhelming to someone with little legal knowledge. Insolvency Law Made Clear: A Guide for Debtors aims to help such people. It is a clear, plain English guide to personal and corporate insolvency law and procedure that will help the debtor either challenge their creditors or enable them to come out the other side with the best outcome possible so they can move on to the next chapter in their life. Daniel Kessler, a barrister who represents both debtors and creditors in the insolvency courts, answers all the key questions that the reader will need to answer such as: Should a debtor go bankrupt? If not, what are the alternatives? Should the debtor resist? What is a statutory demand and what is a bankruptcy petition? What powers does a Trustee in Bankruptcy have? And can they be challenged? What are the different types of corporate insolvency? When will a director have to pay the debts of their company? What happens after a company is wound up? Crucially, he also provides invaluable tips, guidance and checklists on how to represent yourself in proceedings - sometimes, the only option where funds are tight- alongside a collection of precedent documents and forms that will help in that effort. This comprehensive combination of guidance and precedents in Insolvency Law Made Clear: A Guide for Debtors makes it an essential reference for everyone facing a debt they cannot afford to repay, whether as an individual or a business.