Current Developments in International and Comparative Corporate Insolvency Law

by Ziegel, Jacob S.; Cantlie, Susan I.

• ISBN13: 9780198258964
• ISBN10: 0198258968
• Format: Hardcover
• Copyright: 1995-02-09
• Publisher: Oxford University Press

Summary

The last decade has witnessed an unprecedented growth in insolvency law in many parts of the world. A deep and prolonged recession in Europe, the US, Japan, and beyond has fueled the development of complex sets of laws aimed at coping with the consequences of business failure. It is of immense importance to lawyers and insolvency practitioners that they are able to understand recent developments in insolvency law in a number of jurisdictions, and that they are aware of what is happening internationally to improve procedures and methods to deal with new problems. This collection of essays covers recent developments in a number of jurisdictions and looks at developments in the international arena. This volume will be a vital source of reference on up-to-date matters of law for insolvency specialists everywhere in the world.

Table of Contents

List of Contributors
Introduction
Table of Cases
Table of Legislation
Table of Conventions and Treaties
An Overview of Recent Developments and Future Prospects in the United Kingdom	p. 5
Philosophies of Business Bankruptcy Law: An International Overview	p. 19
An Overview of Recent Developments and Future Prospects in the United States	p. 29
An Overview of Recent Developments and Future Prospects in Australia (With Some Reference to New Zealand and Asia)	p. 39
Administration: Part II of the Insolvency Act	p. 63
A Systems Approach to Comparing US and Canadian Reorganization of Financially Distressed Companies	p. 109
Some Comments on the Challenges of Commercial Reorganization in Insolvency: Why Chapter 11?	p. 185
The Challenges of Commercial, Reorganization in Insolvency: Empirical Evidence From England	p. 191
Should We Abolish Chapter 11? The Evidence From Japan	p. 215
Methodological Issues in Cross-Country Comparisons of Commercial Bankruptcy Law: Comment on Papers by Eisenberg-Tagashira and Rajak	p. 261
Executory Contracts and Proposals Under the Bankruptcy and Insolvency Act (Canada): A Comparative Analysis With the Companies' Creditors Arrangement Act (Canada)	p. 267
Voidable Transactions in Bankruptcy: British Law Perspectives	p. 297
The American Bankruptcy Preference Law: Perceptions of the Past, the Transition to the Present, and Ideas for the Future	p. 313
Voidable Transactions in Bankruptcy: The Canadian Perspective	p. 357
Canadian Bankruptcy Law: A Secured Creditor's Heaven	p. 379
The Position of Creditors in the Distribution of Insolvent Estates: Consensual Secured Creditors in Japan	p. 403
Preferred Priority in Bankruptcy	p. 413
The Privately Appointed Receiver and the Enforcement of Security Interests: Anomaly or Superior Solution?	p. 451
The Canadian Private Receivership	p. 473
Personal Liability of Directors and Officers of Insolvent Companies: A Jurisdictional Perspective (England)	p. 485
Insolvent Trading Down Under	p. 501
The Responsibility of Directors and Shareholders for a Company's Debts Under New Zealand Law	p. 521
Must Boards Go Overboard? An Economic Analysis of the Effects of Burgeoning Statutory Liability on the Role of Directors in Corporate Governance	p. 547
Issues in Concurrent Insolvency Jurisdiction: English Perspectives	p. 577
The Role of the Examiner as Facilitator and Harmonizer in the Maxwell Communication Corporation International Insolvency	p. 621
Issues in Concurrent Insolvency Jurisdiction: Comments on the Papers by Grierson and Flaschen-Silverman	p. 647
Conflict of Laws Issues in International Insolvencies	p. 655
Comment on the Trautman-Westbrook Paper	p. 671
Some Observations on Fairness, Public Policy, and Reciprocity in Cross-Border Insolvencies	p. 677
The Model International Insolvency Co-operation Act: A Twenty-First Century Proposal for International Insolvency Co-operation	p. 687
The Nordic Bankruptcy Convention	p. 701
Harmonization of Jurisdictional and Recognitional Rules: The Istanbul Convention and the Draft EEC Convention	p. 709
Some Comments on Harmonization of Jurisdictional and Recognitional Rules	p. 729
Multinational Bank Insolvencies: The United States and BCCI	p. 733
The Judges Speak: A Panel Discussion	p. 749
Index	p. 773
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