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Creditor Rights and the Public Interest

Restructuring Insolvent Corporations

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"Creditor Rights and the Public Interest" supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States.

Sarra draws on a comprehensive body of academic literature that covers a broad range of issues?insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials.

"Creditor Rights and the Public Interest" ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize "all" of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.

Acknowledgments
Introductionp. 3
The Existing Regime for Restructuring Insolvent Corporationsp. 10
Current Theoretical Approaches to Insolvency Lawp. 30
Proposing a Conceptual Framework for Reconciling Stakeholder Interestsp. 56
Judicial Discretion under the CCAAp. 113
Algoma Steel Corporation: Recognition of Human Capital Investmentsp. 157
Judicial Recognition of 'Social Stakeholders' in CCAA Proceedings: Anvil Range Mining Corporationp. 181
Competing Public Interest Considerations: Canadian Red Cross Societyp. 195
Canadian Airlines Corporation and the Public Interestp. 21รค
International Comparisons: Creditor Rights and the Public Interestp. 229
Conclusion: Future Development of the Public Interest within the Enterprise Wealth Maximization Modelp. 269
Notesp. 297
Indexp. 337
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780802085597
ISBN-10: 0802085598
Audience: Professional
Format: Paperback
Language: English
Published: 27th July 2003
Publisher: UNIV OF TORONTO PR
Dimensions (cm): 23.216 x 15.24  x 2.438
Weight (kg): 0.526