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The Law of Failure: A Tour Through the Wilds of American Business Insolvency Law

The Law of Failure: A Tour Through the Wilds of American Business Insolvency Law

Name: The Law of Failure: A Tour Through the Wilds of American Business Insolvency Law
Brand: Cambridge University Press
SKU: 9781316640418
Price: 466.57 HKD
Availability: InStock
Author: Stephen J. Lubben
ISBN: 9781316640418

By Stephen J. Lubben

Cambridge University Press October 2018

Specifications

ISBN-13: 9781316640418
Publisher: Cambridge University Press
Publication: October 2018
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

If a broker-dealer liquidates in federal bankruptcy court, why does an insurance company liquidate in state court, and a bank outside of court altogether? Why do some businesses reorganize under state law assignments, rather than the more well-known Chapter 11 of the Bankruptcy Code? Why do some laws use the language of bankruptcy but without advancing policy goals of the Bankruptcy Code?

In this illuminating work, Stephen J. Lubben tackles these questions and many others related to the collective law of business insolvency in the United States.

In the first book of its kind, Lubben notes the broad similarities between the many insolvency systems in the United States while describing the fundamental differences lurking therein.

By considering the whole sweep of these laws-running the gamut from Chapter 11 to obscure receivership provisions of the National Bank Act-readers will acquire a fundamental understanding of the law of failure.

Introduction

1. Why business insolvency?

2. The federal law of business insolvency

3. State business insolvency law

4. Financial institutions under federal law

5. State financial institution insolvency law

6. Looking for patterns

7. Avenues for reform

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