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Research Handbook on Corporate Restructuring

Research Handbook on Corporate Restructuring

Name: Research Handbook on Corporate Restructuring
Brand: Edward Elgar Publishing
SKU: 9781786437464
Price: 3177.72 HKD
Availability: InStock
Author: Paul J. Omar, Jennifer L.L. Gant
ISBN: 9781786437464

By Paul J. Omar, Jennifer L.L. Gant

Edward Elgar Publishing August 2021

Specifications

ISBN-13: 9781786437464
Publisher: Edward Elgar Publishing
Publication: August 2021
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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