Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.

Covering the subject of insolvency law, this text contains detailed academic analysis where necessary and also covers areas of debate and controversy in the subject. Insolvency is set in its social, economic and historical context and brief extracts for judgements and statutes are given.

This text explores in depth the fundamental principles of corporate insolvency law and the many conceptual and analytical problems posed by the legislation and offers both theoretical and practical solutions.

Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.

This volume analyses corporate insolvency law as a coherent whole, stemming from common fundamental principles and amenable to being justified or criticised on that basis. The author explains why consistency of principle must be sought and how it might be found in the relevant statutory and case law. He then constructs an egalitarian theory for the analysis of corporate insolvency law, based on the premise that all the parties affected by this law are to be treated as equals. He argues that this theory can reconcile the dictates of fairness with the demands of economic efficiency. The theory is employed to analyse some of the most important aspects of insolvency law. Why should the individualistic method of enforcing claims against solvent companies give way to a collective method during insolvency? Why are there different formal mechanisms for dealing with troubled companies? What role does the pari passu principle play in the distribution of an insolvent company s assets?The controversial issues of whether and when secured creditors should be accorded priority over others receive detailed consideration. The functional role of the floating charge and its relationship with receivership are also analysed in this context. The many questions relating to the operation of the new administration procedure introduced by the Enterprise Act 2002 are considered in the light of principle. The book also analyses the role of the wrongful trading provisions. It examines, finally, why insolvency law objects to certain transactions at an undervalue and those having a preferential effect. This volume aims to enhance understanding of this important branch of the law, and to suggest principled solutions to problems which have not yet received judicial attention.

This is the first volume in the new Oxford International and Comparative Insolvency Law Series. The series will provide a comparative analysis of all important aspects of insolvency proceedings and domestic insolvency laws in the main economically developed and emerging countries, starting with the opening of proceedings. This volume addresses the commencement of insolvency proceedings over business debtors and the conditions in which they may arise. It explains the types of proceedings available and the participants involved. The book also analyses the effect of such action on the various players, assets and liabilities concerned. The detail and uniform nature of the treatment of topics helps practitioners to understand specific features of a foreign legal system and effectively brief foreign counsel. For all readers, the book provides access, through analysis in the detailed commentary, to material that was previously only available in a foreign language. Most major legal families (including various mixed legal systems) are covered to reflect the needs of the international insolvency community and intergovernmental organizations. This is the only book that offers a thorough comparative analysis of existing domestic insolvency laws concerning the opening of insolvency proceedings in the main economically developed and emerging countries.

Highlights ? More than 5300 MCQs with Answers and Reference. ? Contains upto date laws on Insolvency & Bankruptcy Code, 2016, its Rules and Regulations and Circulars. ? Completely revamped to include MCQs and legislation as per the latest syllabus of IBBI w.e.f. 1st January 2021. ? Covers cases decided by the Supreme Court, High Courts, NCLAT and NCLT covering facts of the case, issue involved and decision given by courts, as per the syllabus. ? Contains separate chapters with case analysis of CIRP/ Individual Insolvency Resolution. Complete coverage of syllabus as notified w.e.f. 1st January 2021 with more than 5300 MCQs (updated upto 31st December, 2020) ? The Insolvency and Bankruptcy Code, 2016, Its Rules, Regulations and Circulars issued under the Code till 31st December, 2020) ? Relevant Chapter of The Companies Act, 2013 ? The Indian Partnership Act, 1932 ? The Limited Liability Partnership Act, 2008 ? The Indian Contract Act, 1872 ? The Negotiable Instruments Act, 1881 ? The Sale of Goods Act, 1930 ? The Transfer of Property Act, 1882 ? The Code of Civil Procedure, 1908 ? The Limitation Act, 1963 ? The Prevention of Corruption Act, 1988 ? The Prevention of Money Laundering Act, 2002 ? The Recovery of Debts and Bankruptcy Act, 1993 ? The Arbitration and Conciliation Act, 1996 ? The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interests Act, 2002 ? The Micro, Small and Medium Enterprises Development Act, 2006 ? The Real Estate (Regulation and Development) Act, 2016 ? Securities and Contracts Regulation Act, 1956 ? Relevant SEBI Regulations: - SEBI (ICDR) Regulations, 2009 - SEBI (ICDR) Regulations, 2018 - SEBI (Delisting of Equity Shares) Regulations, 2009 - SEBI (SAST) Regulations, 2011 - SEBI (LODR) Regulations, 2015 ? Finance and Accounts (Corporate Finance; Financial Analysis; Liquidity Management; Tax Planning and GST) ? General Awareness - Constitution of India (Right to Constitutional Remedies; provisions of Union Judiciary; provisions of High Courts in the States) - Rights of Workmen under Labour Laws (The Code of Social Security, 2020, The Code of Wages, 2019, The Industrial Relations Code, 2020, The Occupational Safety, Health and Working Conditions Code, 2020 - Economy - Financial Markets - Basic concepts of Valuation - Forensic Audit ? Important decisions of Supreme Court and High Courts, Decisions of NCLAT and NCLT relating to Insolvency ? Case Analysis of CIRP & Liquidation / Individual Insolvency Resolution / Business and Professional Ethics ? MCQs based on Various decisions of Courts ? Model Question Papers

Debt was an inescapable fact of life in early America. At the beginning of the eighteenth century, its sinfulness was preached by ministers and the right to imprison debtors was unquestioned. By 1800, imprisonment for debt was under attack and insolvency was no longer seen as a moral failure, merely an economic setback. In Republic of Debtors, authorBruce H. Mann illuminates this crucial transformation in early American society.