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Research Handbook on Corporate Restructuring

Research Handbook on Corporate Restructuring

Author: Paul J. Omar, Jennifer L.L. Gant
Publisher: Edward Elgar Publishing
ISBN: 9781786437464
Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring.

Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.

Featuring international expert academics, practitioners and judges, the Research Handbook takes a thematic approach, exploring national and international models for rescue, stakeholders in insolvency, corporate structures and organisational models, specialist process issues, and institutional support, as well as interdisciplinary and cross-field aspects of insolvency and restructuring. Contributions analyse issues from a broad variety of perspectives, including the economic and social aspects of insolvency, and provide a comparative discussion of topics that will further inform global academic debate in this area.

Scholars and students of corporate and insolvency law, commercial law, and law and economics, will find the inter-disciplinary legal, theoretical and jurisprudential discussion invaluable. The analysis of current reform agendas, practical and alternative solutions to common problems, and comparative approach will also be of interest to practitioners and policymakers.

Preface xii

1. Corporate rescue through the ages 1

Paul J. Omar

PART I. NATIONAL AND INTERNATIONAL MODELS FOR RESCUE

2. International organisations and the search for global insolvency standards 17

Gerard McCormack

3. The evolution of corporate rescue in Canada and the United States 40

Jassmine Girgis

4. The idea of rescue and the Chapter 11 model 59

Edward Janger

5. Trust as a turnaround technique to influence the continuity versus asset recovery decision of restructuring bankers: An empirical tale 73

J.A.A. Adriaanse and J.I. van der Rest

6. Reforms in adverse economic climates: how reforms take place in the Eurozone 87

Catarina Serra, Alexandra Kastrinou and Giulia Vallar

PART II. STAKEHOLDERS IN INSOLVENCY

7. Involving secured creditors in restructuring proceedings 120

Francisco Garcimartín and Nuria Bermejo

8. Potential liability for directors during corporate restructuring: comparative perspectives 143

Jason Harris and Anil Hargovan

9. Employees as stakeholders in restructuring and insolvency: acquired rights and business transfers 166

Jennifer L.L. Gant

10. The position of shareholders in a restructuring 185

Stephan Madaus

11. Consumers, entrepreneurs and insolvency proceedings 201

Tuula Linna

PART III. CORPORATE STRUCTURES AND ORGANISATIONAL MODELS

12. Corporate groups 214

Jessica Schmidt

13. Bank insolvency – recovery and resolution 228

Andrew Campbell and Paula Moffatt

14. Making insolvency law responsive to the needs of financially distressed micro and small enterprises 246

Janis Sarra

15. Franchisees as externalities of insolvent franchisors: a windfall gain for employees? 261

Jenny Buchan

16. Insolvent partnerships: development of a normative framework based on a contractual paradigm 278

Rebecca Parry

PART IV. SPECIALIST PROCESS ISSUES

17. Insurance procedures in corporate insolvency: a comparison of the arrangements in the United Kingdom, Australia, and New Zealand 299

Robin Bowley

18. Pension rights and funds 327

David Pollard

19. Patent-rich firms and corporate restructuring: patent signalling, valuation, and governance 346

Janice Denoncourt

20. The impact of artificial intelligence on insolvency law and practice 377

Christoph Henkel

PART V. INSTITUTIONAL SUPPORT

21. The realm of soft law instruments in restructuring and insolvency law 401

Gert-Jan Boon and Bob Wessels

22. Cross-border corporate restructurings, judicial assistance and judge-made law: New Zealand and Cayman Island experiences 430

Hon. Paul Heath QC and Hon Justice Ian Kawaley

23. Corporate insolvency practitioners: ethics and fiduciary duties 447

Lézelle Jacobs

PART VI. INTERDISCIPLINARY AND CROSS-FIELDS OF INSOLVENCY AND RESTRUCTURING

24. Overlooked human rights concerns in the restructuring and insolvency context 466

Chrystin Ondersma

25. The role of social policy in corporate rescue and restructuring: a messy business 476

Jennifer L.L. Gant

26. Law and economics of corporate financial difficulty 500

Jonathan Hardman

27. A behavioural law and economics perspective on EU restructuring and

insolvency law 513

Annika Wolf

28.

The analytical boundary between corporate reorganisation and sale in corporate bankruptcy theory 525

Sarah Paterson

Index

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