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Current Developments in International and Comparative Corporate Insolvency Law - Jacob S. Ziegel

Current Developments in International and Comparative Corporate Insolvency Law

By: Jacob S. Ziegel (Editor)

Hardcover

Published: 24th November 1994
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The last decade has witnessed an unprecedented growth in insolvency law in many parts of the world. A deep and prolonged recession in Europe, the US, Japan, and beyond has fuelled the development of sophisticated and conceptually complex sets of laws aimed at coping with the consequences of business failure. The existence of an almost simultaneous programme of reform proposals and pressure for further changes in a number of jurisdictions is therefore not mere coincidence, but reflects the global character of the problems caused by corprorate collapse. It is of immense importance to lawyers and insolvency practitioners that they are able to understand recent developments in insolvency law in a number of jurisdictions, and that they are aware of what is happening internationally to improve procedures and methods to deal with new problems. This collection of essays covers recent developments in a number of jurisdictions and looks, also, at developments of the leading corporate insolvency specialists in the US, UK, Australia, Japan, and Canada. This volume will be a vital source of reference on up-to-date matters of law for insolvency specialists everywhere in the world. Contributors: Nick Segal, Axel Flessner, Lawrence P. King, Ron Harmer, Dan Prentice, Fidelis Oditah, Lynn M. LoPucki, George G. Triantis, Richard F. Broude, Harry Rajak, Theodore Eisenberg, Shoichi Tagashira, Stuart C. Gilson, Ellen L. Hayes, Ian F. Fletcher, Morris G. Shanker, R. H. McLaren, R.C.C. Cuming, Yukiko Hasebe, Susan J. Cantlie, Jacob S. Ziegel, F.H. Buckley, L. S. Sealy, Abe Herzberg, John Farrar, Ronald Daniels, Christopher Grierson, Evan D. Flaschen, Ronald J. Silverman, Koji Takeuchi, Jay Lawrence Westbrook, Donald Trautman, Yasuhei Taniguchi, Douglass Boshkoff, Timothy Powers, Michael Bogdan, Hal S. Scott, Judge James L. Garitty, Jr., Justice James Farley, Justice R. A. Blair

'This collection of essays on developments in international and comparative corporate insolvency law is a timely and useful addition to the growing body of legal writing in the field...this is certainly a worthwhile and informative text indeed, on a developing body of law and legal practice the importance of which can only increase as international trade and commerce become more complex and even more far-reaching in their scope.' 'timely and useful addition to the growing body of legal writing in the field...collection of detailed essays...The essays are substantial contributions to the literature in this field...this is certainly a worthwhile and informative text indeed, on a developing body of law and legal practice the importance of which can only increase as international trade and commerce become more complex and even more far-reaching in their scope.'

List of Contributors
Introduction
Table of Cases
Table of Legislation
Table of Conventions and Treaties
An Overview of Recent Developments and Future Prospects in the United Kingdomp. 5
Philosophies of Business Bankruptcy Law: An International Overviewp. 19
An Overview of Recent Developments and Future Prospects in the United Statesp. 29
An Overview of Recent Developments and Future Prospects in Australia (With Some Reference to New Zealand and Asia)p. 39
Administration: Part II of the Insolvency Actp. 63
A Systems Approach to Comparing US and Canadian Reorganization of Financially Distressed Companiesp. 109
Some Comments on the Challenges of Commercial Reorganization in Insolvency: Why Chapter 11?p. 185
The Challenges of Commercial, Reorganization in Insolvency: Empirical Evidence From Englandp. 191
Should We Abolish Chapter 11? The Evidence From Japanp. 215
Methodological Issues in Cross-Country Comparisons of Commercial Bankruptcy Law: Comment on Papers by Eisenberg-Tagashira and Rajakp. 261
Executory Contracts and Proposals Under the Bankruptcy and Insolvency Act (Canada): A Comparative Analysis With the Companies' Creditors Arrangement Act (Canada)p. 267
Voidable Transactions in Bankruptcy: British Law Perspectivesp. 297
The American Bankruptcy Preference Law: Perceptions of the Past, the Transition to the Present, and Ideas for the Futurep. 313
Voidable Transactions in Bankruptcy: The Canadian Perspectivep. 357
Canadian Bankruptcy Law: A Secured Creditor's Heavenp. 379
The Position of Creditors in the Distribution of Insolvent Estates: Consensual Secured Creditors in Japanp. 403
Preferred Priority in Bankruptcyp. 413
The Privately Appointed Receiver and the Enforcement of Security Interests: Anomaly or Superior Solution?p. 451
The Canadian Private Receivershipp. 473
Personal Liability of Directors and Officers of Insolvent Companies: A Jurisdictional Perspective (England)p. 485
Insolvent Trading Down Underp. 501
The Responsibility of Directors and Shareholders for a Company's Debts Under New Zealand Lawp. 521
Must Boards Go Overboard? An Economic Analysis of the Effects of Burgeoning Statutory Liability on the Role of Directors in Corporate Governancep. 547
Issues in Concurrent Insolvency Jurisdiction: English Perspectivesp. 577
The Role of the Examiner as Facilitator and Harmonizer in the Maxwell Communication Corporation International Insolvencyp. 621
Issues in Concurrent Insolvency Jurisdiction: Comments on the Papers by Grierson and Flaschen-Silvermanp. 647
Conflict of Laws Issues in International Insolvenciesp. 655
Comment on the Trautman-Westbrook Paperp. 671
Some Observations on Fairness, Public Policy, and Reciprocity in Cross-Border Insolvenciesp. 677
The Model International Insolvency Co-operation Act: A Twenty-First Century Proposal for International Insolvency Co-operationp. 687
The Nordic Bankruptcy Conventionp. 701
Harmonization of Jurisdictional and Recognitional Rules: The Istanbul Convention and the Draft EEC Conventionp. 709
Some Comments on Harmonization of Jurisdictional and Recognitional Rulesp. 729
Multinational Bank Insolvencies: The United States and BCCIp. 733
The Judges Speak: A Panel Discussionp. 749
Indexp. 773
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780198258964
ISBN-10: 0198258968
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 840
Published: 24th November 1994
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.0 x 16.1  x 5.5
Weight (kg): 1.55