European University Institute Library

Research handbook on corporate restructuring, edited by Paul J. Omar and Jennifer L.L. Gant

eng

Includes bibliographical references and index

index present

non fiction

Research handbook on corporate restructuring

electronic resource

dictionariesbibliography

1263820152

edited by Paul J. Omar and Jennifer L.L. Gant

Research handbooks in private and commercial law seriesElgarOnline eBooks

"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"--, Provided by publisher

Contents: Preface -- 1. Corporate rescue through the ages / Paul J. Omar -- Part I National and international models for rescue -- 2. International organisations and the search for global insolvency standards / Gerard McCormack -- 3. The evolution of corporate rescue in Canada and the United States / Jassmine Girgis -- 4. The idea of rescue and the Chapter 11 model / Edward Janger -- 5. Trust as a turnaround technique to influence the continuity versus asset recovery decision of restructuring bankers: An empirical tale / J A A Adriaanse and J I van der Rest -- 6. Reforms in adverse economic climates: How reforms take place in the eurozone / Catarina Serra, Alexandra Kastrinou and Giulia Valla -- Part II stakeholders in insolvency -- 7. Involving secured creditors in restructuring proceedings / Francisco Garcimartín and Nuria Bermejo -- 8. Potential liability for directors during corporate restructuring: Comparative perspectives / Jason Harris and Anil Hargovan -- 9. Employees as stakeholders in restructuring and insolvency: Acquired rights and business transfers / Jennifer L. L. Gant -- 10. The position of shareholders in a restructuring / Stephan Madaus -- 11. Consumers, entrepreneurs and insolvency proceedings / Tuula Linna -- Part III Corporate structures and organisational models -- 12. Corporate groups / Jessica Schmidt -- 13. Bank insolvency - recovery and resolution / Andrew Campbell and Paula Moffatt -- 14. Making insolvency law responsive to the needs of financially distressed micro and small enterprises / Janis Sarra -- 15. Franchisees as externalities of insolvent franchisors: A windfall gain for employees? / Jenny Buchan -- 16. Insolvent partnerships: Development of a normative framework based on a contractual paradigm / 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 / Robin Bowley -- 18. Pension rights and funds / David Pollard -- 19. Patent-rich firms and corporate restructuring: Patent signalling, valuation, and governance / Janice Denoncourt -- 20. The impact of artificial intelligence on insolvency law and practice / Christoph Henkel -- Part V Institutional support -- 21. The realm of soft law instruments in restructuring and insolvency law / Gert-Jan Boon and Bob Wessels -- 22. Cross-border corporate restructurings, judicial assistance and judge-made law: New zealand and cayman island experiences / Hon Paul Heath QC and Hon Justice Ian Kawaley -- 23. Corporate insolvency practitioners: Ethics and fiduciary duties / Lézelle Jacobs -- Part VI Interdisciplinary and cross-fields of insolvency and restructuring -- 24. Overlooked human rights concerns in the restructuring and insolvency context / Chrystin Ondersma -- 25. The role of social policy in corporate rescue and restructuring: A messy business / Jennifer L L Gant -- 26. Law and economics of corporate financial difficulty / Jonathan Hardman -- 27. A behavioural law and economics perspective on EU restructuring and insolvency law / Annika Wolf -- 28. The analytical boundary between corporate reorganisation and sale in corporate bankruptcy theory / Sarah Paterson -- Index