Insolvency Law Restructuring In Germany
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Insolvency Law Restructuring In Germany
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Author : Marie Luise Graf-Schlicker
language : en
Publisher:
Release Date : 2015-10
Insolvency Law Restructuring In Germany written by Marie Luise Graf-Schlicker and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10 with categories.
Rescuing Companies In England And Germany
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Author : Reinhard Bork
language : en
Publisher: OUP Oxford
Release Date : 2012-03-08
Rescuing Companies In England And Germany written by Reinhard Bork and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-08 with Law categories.
This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success. Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced. The book includes analysis of the role of management and the partners or shareholders and the extent to which either legal system assigns the decision-making powers to the right persons. It considers how each regime deals with the assets involved and whether there are rules to reverse payments made during the crisis and the possibility of a set-off claim. Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions. Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.
Rescue Of Business In Europe
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Author : Bob Wessels
language : en
Publisher: Oxford University Press
Release Date : 2020-01-30
Rescue Of Business In Europe written by Bob Wessels and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-30 with Law categories.
This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.
International Cooperation In Bankruptcy And Insolvency Matters
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Author : Bob Wessels
language : en
Publisher: Oxford University Press
Release Date : 2009
International Cooperation In Bankruptcy And Insolvency Matters written by Bob Wessels and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.
Corporate Insolvency Law And Bankruptcy Reforms In The Global Economy
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Author : Kashyap, Amit
language : en
Publisher: IGI Global
Release Date : 2018-09-28
Corporate Insolvency Law And Bankruptcy Reforms In The Global Economy written by Kashyap, Amit and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-28 with Business & Economics categories.
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.
European Insolvency Law
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Author : Gerard McCormack
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-01-27
European Insolvency Law written by Gerard McCormack and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-27 with Law categories.
Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.
Corporate Bankruptcies In Germany
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Author : Barbara Flaig
language : en
Publisher:
Release Date : 2020
Corporate Bankruptcies In Germany written by Barbara Flaig and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Business & Economics categories.
German corporate bankruptcies are rarely investigated in economic literature. One main reason is the lack of available data. Furthermore, data quality is quite often poor. Thus, despite the high economic relevance, it is very difficult to explore the division of value in corporate bankruptcies or efficiency effects of insolvency law.This study provides a deeper insight into the economics of corporate reorganizations. Theoretical models that were mainly developed for the US legislation are discussed against the background of German bankruptcy law. By analyzing a unique data set of formal reorganization procedures in Germany between 1999 and 2012, the study identifies factors that influence the extent of recovery rates.
Maritime Cross Border Insolvency
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Author : Erik Göretzlehner
language : en
Publisher: Springer
Release Date : 2019-04-03
Maritime Cross Border Insolvency written by Erik Göretzlehner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-03 with Law categories.
This book provides an analysis and comparison of international insolvency rules, maritime laws and their inevitable intersection in maritime cross-border insolvencies. Until today, the on-going shipping crisis resulted in the insolvency of numerous shipping companies all over the world. The tensions arising between the legal systems of maritime and insolvency law, paired with conflicts of law in maritime insolvencies, are a major source of legal uncertainty and risk. In 2010, the Comité Maritime International installed an international working group on international maritime insolvencies and until today it is work in progress. This book gives an overview on maritime insolvencies, with a focus on Germany, England & Wales and the USA, and assesses the chances of achieving meaningful harmonization in the complex scenarios, where ships as mobile assets add a further complication to international insolvency proceedings.
Financial Distress Corporate Restructuring And Firm Survival
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Author : Philipp Jostarndt
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-11-17
Financial Distress Corporate Restructuring And Firm Survival written by Philipp Jostarndt and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-17 with Business & Economics categories.
Philipp Jostarndt studies distress-induced changes in ownership and control, success factors in distressed equity infusions, and firms’ choice between in- and out-of-court debt restructurings. In addition, he analyzes the determinants of survival, acquisition, and bankruptcy as alternative paths to exit financial distress. He includes both the firm perspective as well as the market valuations of the undertaken restructurings and, where applicable, relates the findings to the microstructure of Germany’s revised bankruptcy legislation.
New Financing For Distressed Businesses In The Context Of Business Restructuring Law
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Author : Sanford U. Mba
language : en
Publisher: Springer
Release Date : 2019-06-29
New Financing For Distressed Businesses In The Context Of Business Restructuring Law written by Sanford U. Mba and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-29 with Law categories.
This book focuses on the restructuring of distressed businesses, emphasizing the need for new financing during the restructuring process as well as during relaunch, and examines the role of law in encouraging creditor confidence and incentivizing lending. It describes two broad approaches to encouraging new finance during restructuring: a prescriptive one that seeks to attract credit using expressly defined statutory incentives, and a market-based one that relies on the business judgment of lenders against the backdrop of transaction avoidance rules. Securing new financing for a distressed business is a critical part of successful restructuring. Without such financing, the business may be unable to meet interim liquidity constraints, or to implement its restructuring plans. This book addresses related questions concerning the place of new financing as an essential component of restructuring. In general terms, the book explores how statutory interventions and the courts can provide support with contentious issues that arise from the provision of new financing, whether through new financing agreements or through distressed debt investors, who are increasingly gaining prominence as sources of new financing for distressed businesses. It argues that courts play a key part in preventing or correcting the imbalances that can arise from the participation of distressed debt investors. In this context, it critically examines the distressed debt market in emerging markets like Nigeria and the opportunity presented by non-performing loans, arguing that the regulatory pattern of market entry may dis-incentivize distress debt investing in a market that is in dire need of financing. The book offers a fresh and comparative perspective on restructuring new financing for distressed businesses by comparing various approaches (primarily from the US, UK and Germany) and drawing lessons for frontier markets, with particular reference to Nigeria. It fills an important gap in international comparative scholarship and discusses a living problem with both empirical and policy aspects.