Описание: In Debtor Protection in American and European Union Bankruptcy Law, international law scholar Dimitris Liakopulos raises a delicate issue at the foundations of the modern banking system by analyzing US bankruptcy law with a focus on the concept of automatic stay. His work identifies legal sources and authorities having repercussions in terms of operational protection. It then examines their functional profiles, with specific regard to procedure. The book then examines criminal exposure in US bankruptcy law, paying particular attention to crime figures closer to those contained in American bankruptcy law.The book’s third part assesses the lack of a discipline in these areas, a cumbersome gap observable at both the international and regional levels. The financial crisis of 2008 recalled the necessity and importance of a coordinated and usable crisis resolution mechanism for large financial conglomerates. The lack of discipline in the field of cross-border insolvency, and especially in the banking sector, stands out among studies and legislative instruments that have attempted to address questions of private international law, and of procedural law or of substantive law.
Описание: Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.
The cost of official corruption is high: it degrades public trust, impedes economic development, and undermines the rule of law. Countries around the world are increasingly using asset recovery measures to pursue justice in official corruption cases and restore funds to public use. Successful application of bankruptcy or insolvency law can make or break a corruption case.
Going for Broke: Insolvency Tools to Support Cross-Border Asset Recovery in Corruption Cases is intended as a guidebook for asset recovery practitioners for the use of bankruptcy proceedings in their work. It is offered as a complement to our prior texts: Public Wrongs, Private Actions and The Asset Recovery Handbook.
Going for Broke offers practical advice to inform insolvency representatives, law enforcement officials, policy makers, and anyone entrusted with recovering their nations' stolen assets about the ways in which insolvency can be effectively be employed--either to complement an existing civil or criminal asset recovery action or as a standalone procedure for recovery. It may also serve as a quick reference for other practitioners, including auditors, accountants, and others who deal with corruption and asset recovery.
Автор: Vanessa Finch, David Milman Название: Corporate Insolvency Law : Perspectives and Principles ISBN: 1107039916 ISBN-13(EAN): 9781107039919 Издательство: Cambridge Academ Рейтинг: Цена: 23760.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This new edition builds on the unique analytical framework from previous editions, outlining the values to be served and the need to further both corporate and broader social ends. Offering a new and contextual approach to corporate insolvency laws and processes, this text is suitable for advanced undergraduate and graduate students, professionals and academics.
Описание: Since 1979 the world has witnessed a remarkable cycle of individual bankruptcy law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. Differences exist between European systems in terms of access criteria, institutional frameworks, financing and discharge conditions. What explains these differences within Europe and those between Europe and the US? This book draws on insights from historical institutionalism to illustrate the role of timing, path dependency and unintended consequences in the development of individual bankruptcy law. The book presents case studies of individual bankruptcy law in the US, France, Sweden and England and Wales. It analyses how, following the Great Recession of 2008, international financial institutions identified the significance of household debt and individual bankruptcy for financial architecture. The EU imposed individual bankruptcy reform on certain Member States, and proposed bankruptcy harmonisation to promote individual entrepreneurialism. The book examines the likelihood of greater convergence on an EU individual bankruptcy paradigm, and how this fits conceptions of neo-liberalism and the social market. Finally, the book discusses whether the international emergence of individual bankruptcy law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.
Автор: Reinhard Bork Название: Corporate Insolvency Law: A Comparative Textbook ISBN: 1780689837 ISBN-13(EAN): 9781780689838 Издательство: NBN International Рейтинг: Цена: 22990.00 р. Наличие на складе: Нет в наличии.
Описание: This textbook deals with the foundations and key issues of insolvency law and approaches the topic from a comparative perspective, introducing the relevant rules from various jurisdictions, primarily England (and Wales), France, Germany and those of the USA. It is case focused and designed for learning and teaching insolvency law.
Автор: Jameel, Mokal Rizwaan Название: Corporate Insolvency Law: Theory and Application ISBN: 0199264872 ISBN-13(EAN): 9780199264872 Издательство: Oxford Academ Рейтинг: Цена: 29700.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume constructs a detailed theory for the analysis and justification of corporate insolvency law using philosophical and economic tools. This theory is then deployed in an examination of the relevant statutes and leading authorities. The theory is also used to addresses important doctrinal questions which have not yet received judicial attention.
Автор: Bruce A. Markell, David G. Epstein, Lawrence Ponoroff, Steve H. Nickles Название: Bankruptcy: Dealing with Financial Failure for Individuals and Businesses ISBN: 164708072X ISBN-13(EAN): 9781647080723 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 43243.00 р. Наличие на складе: Нет в наличии.
Описание: Drawing on their diverse experience, the authors of this volume have prepared original text, problems, and edited cases to introduce students to one new bankruptcy concept at a time, show students the connection among the various concepts, and give students a sense of how these bankruptcy concepts are utilized.
Автор: Neil Hannan Название: Cross-Border Insolvency ISBN: 981105875X ISBN-13(EAN): 9789811058752 Издательство: Springer Рейтинг: Цена: 19564.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the effect of the adoption of the United Nations Committee on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency in five common law jurisdictions, namely Australia, Canada, New Zealand, the United Kingdom, and the United States of America.
Описание: Provides States with a simple, straightforward and harmonized procedure for recognition and enforcement of insolvency-related judgments and complements the UNCITRAL Model Law on Cross-Border Insolvency to further assist the conduct of cross-border insolvency proceedings.
Описание: In addition, the book discusses the notion of transplanting foreign [international] insolvency rules and especially the influence that US insolvency law has exerted on other countries` insolvency [and international insolvency] law.
Описание: The volume is a collection of articles based on presentations given at a conference titled “Too Big to Fail III: Structural Reform Proposals – Should We Break Up the Banks ?” hosted by the Institute for Law and Finance on January 21, 2014 – the third session of a series on the topic “too big to fail” with the previous conferences “Too Big to Fail – Brauchen wir ein Sonderinsolvenzrecht für Banken” and “The Bank Recovery and Resolution Directive”.
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