the law and practice of restructuring in the uk and us

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The Law And Practice Of Restructuring In The Uk And Us

Author : Christopher Mallon
ISBN : 9780199583775
Genre : Law
File Size : 60. 45 MB
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The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.

Restructuring Law And Practice

Author : Chris Howard
ISBN : 1405791411
Genre : Corporate reorganizations
File Size : 45. 60 MB
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This book is the how-to bible for restructuring. The credit crunch and market volatility are driving an increase in restructurings. No other book covers the practical aspects of out of court restructurings covering the consensual arena or looks at the law and practice in a sustained and systematic way. Howard and Hedger bring a coherent and comprehensive approach to the complex practice of restructuring in the UK and beyond. This book also benefits from detailed analysis of the directors duties aspects post-CA 2006, application of International Accounting Standards, going concern issues and detailed coverage of rights issues.* First and only commentary on the steps practitioners need to take in a restructuring* Practical, transactional focus combining a banking industry authority and a legal expert * Walks readers through the practical steps of the transaction, warning what to look out for and advising re documents* Gives insights into the documentation and all the practical actions that need to be taken* Is written in such a way as to be of immense value to accountants, lawyers and bankers

Comparative Insolvency Law

Author : Bo Xie
ISBN : 9781781007389
Genre : Law
File Size : 57. 70 MB
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Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.

Corporate Rescue Law An Anglo American Perspective

Author : Gerard McCormack
ISBN : 9781848445109
Genre : Law
File Size : 21. 57 MB
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. . . a highly readable and informative text and an excellent addition to insolvency scholarship. . . In their entirety, the chapters of Corporate Rescue Law An Anglo-American Perspective represent one of the most incisive and relevant treatments of comparative insolvency regimes to date. . . This book is an absolute boon: it provides the reader with a mass of legal and practical insights into the workings of two ostensibly divergent systems and challenges received wisdom in a fluent and persuasive manner. Not only are legal differences examined through the lens of practice, but also commercial, philosophical and social responses to failure are considered and highlighted as possible drivers of those real distinctions that do exist. Professor McCormack has produced an exceptional work that should be required reading for academics, practitioners and policy makers alike, and is to be warmly congratulated. Sandra Frisby, Banking and Finance Law Review The issues are well chosen. They are easily the most important aspects of any corporate rescue law. The careful analysis of the technical provisions, the incorporation of the extensive scholarship on the two corporate rescue regimes and the reference to practice in the real world all help to make these chapters an indispensable tool for any scholar wishing to gain a better understanding of the similarities and differences of English and American corporate rescue laws. . . This monograph could not have come at a better time. . . The comparative account in this book will help law reformers, judges and scholars to have a better grasp of the issues and appreciate better how the two systems have dealt with them. . . Comparative law has a critical role to play in promoting mutual understanding and respect. It is hoped that this monograph will help in that respect. Wee Meng Seng, Singapore Journal of Legal Studies This book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is pro-debtor and UK law is pro-creditor , and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights. Integrating theoretical and practical insights, this book will be of great interest to academics and practitioners, and also to policymakers in the DTI, Insolvency Service and regulatory bodies.

Restructuring Law And Practice Third Edition

Author : LexisNexis
ISBN : 1474307043
Genre :
File Size : 78. 61 MB
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This is the latest edition of the best practice bible for restructuring. No other book covers the practical aspects of out of court restructurings or looks at the law and practice in a sustained and systematic way. Restructuring Law and Practice brings a coherent and comprehensive approach to the complex practice of restructuring in the UK and beyond. The third edition is fully updated to cover all recent developments including the new market abuse regime, information and disclosure requirements and credit derivatives. There are three new chapters onproject financing and commodities restructuring, bond restructurings and liability management.* First and only commentary on the steps practitioners need to take in a restructuring* Practical, transactional focus* Walks readers through the practical steps of the transaction, warning what to look out for and advising re documents* Gives insights into the documentation and all the practical actions that need to be taken* Is written in such a way as to be of immense value to accountants, lawyers and bankers

Toward A Statutory Approach To Sovereign Debt Restructuring

Author : Mr. Patrick Bolton
ISBN : 9781452759388
Genre : Business & Economics
File Size : 72. 60 MB
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This paper provides an overview of key elements of Corporate Bankruptcy Codes and Practice around the world that are relevant to the debate on Sovereign Debt Restructuring. It highlights four components common to most bankruptcy reorganization institutions: a stay on debt collection efforts to prevent a costly run for the assets, broad enforcement of absolute priority, majority voting among creditors on the proposed reorganization plan, and new higher priority financing to keep the firm going while its liabilities are restructured. The paper argues that these components ought to be present in any sovereign debt restructuring procedure.

Schemes Of Arrangement In Corporate Restructuring

Author : Christian Pilkington
ISBN : 0414056957
Genre :
File Size : 40. 30 MB
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Restructuring The Professional Organization

Author : David Brock
ISBN : 9781134651948
Genre : Business & Economics
File Size : 43. 77 MB
Format : PDF, ePub
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In recent years the professions have undergone radical transformation. With the advent of rapidly changing markets, more sophisticated and demanding clients, deregulation and increased competition, the generalist professional partnerships have given way to larger, more corporate forms of organization, comprising increasingly autonomous specialist business units. This volume critically examines these changes through an examination of the archetypes which characterize accounting, health care and law practitioners. With examples drawn from Australia, Canada, the UK and the USA, Restructuring the Professional Organization will be of interest to all students of organization studies seeking to understand the issues and problems confronting the professions as they move to the new millennium. Topics covered include: * a review of the models of professional organization *drivers of change in professional organizations * internal dynamics of changes in these organizations * new organizational forms and archetypes.

Creating Value Through Corporate Restructuring

Author : Stuart C. Gilson
ISBN : 9780470503522
Genre : Business & Economics
File Size : 84. 75 MB
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An updated look at how corporate restructuring really works Stuart Gilson is one of the leading corporate restructuring experts in the United States, teaching thousands of students and consulting with numerous companies. Now, in the second edition of this bestselling book, Gilson returns to present new insight into corporate restructuring. Through real-world case studies that involve some of the most prominent restructurings of the last ten years, and highlighting the increased role of hedge funds in distressed investing, you'll develop a better sense of the restructuring process and how it can truly create value. In addition to "classic" buyout and structuring case studies, this second edition includes coverage of Delphi, General Motors, the Finova Group and Warren Buffett, Kmart and Sears, Adelphia Communications, Seagate Technology, Dupont-Conoco, and even the Eurotunnel debt restructuring. Covers corporate bankruptcy reorganization, debt workouts, "vulture" investing, equity spin-offs, asset divestitures, and much more Addresses the effect of employee layoffs and corporate downsizing Examines how companies allocate value and when a corporation should "pull the trigger" From hedge funds to financial fraud to subprime busts, this second edition offers a rare look at some of the most innovative and controversial restructurings ever.

Insolvency And Restructuring Manual

Author : Simon Beale
ISBN : 1780431988
Genre : Law
File Size : 27. 82 MB
Format : PDF, Docs
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Insolvency and Restructuring Manual is a practical, user-friendly, comprehensive guide to corporate insolvency and restructuring. It explains the principles and procedures involved taking the reader through the various formal insolvency processes including liquidations, compulsory liquidations, receiverships, administrations, company voluntary arrangements ('CVAs') and Schemes of Arrangement, they might encounter examining the differences between them. To emphasise the practical nature of the approach there are: Quick summaries; Flow charts of insolvency processes; Tables comparing procedures and remedies. It also has separate chapters covering: Company law issues, eg the position of the director; The role of creditors - a chapter covering secured creditors; and a chapter covering other special types of creditors, including landlords, employees, pensions-related creditors and retention of title creditors; Cross-border considerations. The new edition has been updated to include new case law, some with far reaching implications. Previous ISBN: 9781847661487

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