[PDF] Personal Insolvency Law Regulation And Policy eBook

Author : David Milman
Publisher : Routledge
Page : 223 pages
File Size : 18,87 MB
Release : 2017-05-15
Category : Law
ISBN : 1351911864

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As the radical reforms contained in the Enterprise Act 2002 have come fully on-stream, Personal Insolvency Law has become a major focus of attention. At the same time, all evidence points to increasing levels of personal debt with the consequential rise in bankruptcies. Personal Insolvency Law, Regulation and Policy therefore provides a timely evaluation of the current state of English law in this important area. The volume presents a critical analysis of the regimes of bankruptcy and individual voluntary arrangement in the context of current policy goals. It examines the impact of the Insolvency Act 2000 and the Enterprise Act 2002, and discusses the treatment of bankruptcy within the global economy. The book will be a valuable guide for students and academics engaged in the study of this increasingly important branch of private law. The study will also be of value to practitioners and policy makers.

Author : Miguel Virgos
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 19,32 MB
Release : 2004-01-01
Category : Law
ISBN : 9041120890

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After many years of negotiations among Member States, a uniform set of private international law rules has been established to determine the conduct of cross-border insolvency proceedings within the European Community. This is the European Insolvency Regulation of May 2000. Although each state still retains its own insolvency law, the regulation greatly reduces the risk of opportunistic behaviour by providing certainty as to which European courts have jurisdiction to open insolvency proceedings and which state?s laws apply, in addition to ensuring the cross-border effectiveness within the EU of the decisions handed down by those courts. This in-depth commentary offers practitioners in international business transactions and litigation a definitive guide to the workings of the Insolvency Regulation. The authors?one of whom co-wrote the official explanatory report on the 1995 Convention on Insolvency Proceedings, a report that still plays a fundamental hermeneutic role?leave no stone unturned in their probing analysis, which explains in detail such elements as the following: relationship with other community legal instruments and international conventions; territorial scope; substantive scope; third-party rights in rem and reservation of title; set-off; contracts relating to immovable property; employment contracts and relationships; payment systems and financial markets; community patents and trademarks; publication and registration; lodgement of claims; and special considerations affecting credit institutions and insurance undertakings. Company lawyers handling insolvency cases and issues will find nothing comparable to this expert work. Its direct practical usefulness is immediately apparent. In addition, however, it stands out as a preeminent work on a critical and hard-won legal instrument (and by extension on the entire field of European insolvency law) and as such is an essential resource for jurists and legal academics.

Author : Gerard McCormack
Publisher : Edward Elgar Publishing
Page : 505 pages
File Size : 31,39 MB
Release : 2017-01-27
Category : Law
ISBN : 1786433311

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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.

Author : Professor of Business Communications Edward Bailey
Publisher :
Page : 1488 pages
File Size : 40,61 MB
Release : 2011-04-01
Category : Bankruptcy
ISBN : 9781405750806

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Schaw Miller and Bailey: Personal Insolvency - Law and Practice offers a full treatment of the law and procedure of bankruptcy and personal insolvency. This edition takes full account of legislative changes as well as developments in the case law. Commentary on the effect of bankruptcy on other areas of the law is included.Now in its fifth edition, this popular title continues to offer authoritative and practical guidance, including forms and precedents, on everything lawyers or insolvency practitioners practising in the field are likely to need in their day-to-day work.

Author : Iain Ramsay
Publisher : Bloomsbury Publishing
Page : 258 pages
File Size : 42,83 MB
Release : 2017-05-04
Category : Law
ISBN : 1509900993

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Since 1979 the world has witnessed a remarkable cycle of personal insolvency law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. This book examines the role of interest groups and distinct narratives in shaping reform in different countries while drawing attention to the role of timing, path dependency and unintended consequences in the development of personal insolvency law. The book presents case studies of personal insolvency law in the US, France, Sweden, and England and Wales. It then analyses how, following the Great Recession of 2008, international financial institutions paid greater attention to the significance of household debt in contributing to financial instability and the role of individual insolvency law in providing a fresh start. Personal insolvency law reform became part of EU responses to the eurozone crisis and the EU has proposed harmonisation of individual insolvency law to promote entrepreneurialism. This book examines the extent to which these developments represent an emerging international commonsense about personal insolvency and its relationship to neo-liberalism. Finally, this book discusses whether the international emergence of individual personal insolvency law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.

Author : Roman Tomasic
Publisher : Ashgate Publishing, Ltd.
Page : 574 pages
File Size : 30,1 MB
Release : 2006
Category : History
ISBN : 0754680428

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Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues, such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court based schemes of arrangement; winding up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy-makers working in the areas of comparative and commercial law.

Author : Steven A. Frieze
Publisher : Sweet & Maxwell
Page : 460 pages
File Size : 33,26 MB
Release : 2004
Category : Law
ISBN : 9780421798601

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This new handbook expertly guides practitioners step-by-step through personal insolvency law, right from the pre-petition stage to appeals. It combines a succinct analysis of the law with a clear explanation of its practical application. Covering all the relevant topics, including bankruptcy, insolvent partnerships and Individual Voluntary Arrangements, it will prove an indispensable tool for lawyers and insolvency practitioners advising either creditors or debtors. * Up-to-date with key legislative provisions from the Insolvency Act 2000 and the Enterprise Act 2002 * Highly practical treatment, with examples and case studies throughout * Provides all relevant forms * Contains a useful list of all bankruptcy courts

Author : Fiona Tolmie
Publisher : Routledge
Page : 693 pages
File Size : 44,4 MB
Release : 2013-03-04
Category : Law
ISBN : 1135336229

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Corporate and Personal Insolvency Law provides a basic framework of knowledge of the current legal rules and a comprehensive introduction to the underlying issues. It will be ideal for those studying insolvency at undergraduate or postgraduate level and for those studying professional examinations and practising in the area.

Author : Jason J. Kilborn
Publisher :
Page : 37 pages
File Size : 40,80 MB
Release : 2016
Category :
ISBN :

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This article advances detailed proposals for a European Personal Insolvency Directive as part of the European Commission's ongoing insolvency initiative. The Commission has been struggling with "soft" coordination of insolvency proceedings under the divergent national laws in the EU since 2000, and in 2012, it began taking steps toward substantive harmonization of these laws. A process firmly concentrated on business restructuring has recently expanded to personal insolvency writ large, including consumer debtors. On both business and personal procedures, the Commission has announced that a legislative instrument is forthcoming by the end of 2016. The process thus far, however, has involved relatively little discussion or consideration of the most salient issues unique to personal -- as opposed to business -- insolvency cases. This article seeks to fill that void by surveying in detail the most critical divergences in law and practice among existing European personal insolvency regimes, accentuated by several new laws adopted in 2015 and 2016. It then proposes several detailed principles and rules for harmonizing these divergent practices in light of consistent international best practice recommendations, the goals of modern personal insolvency regimes, and the goals the Commission has expressed for its initiative.