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

Format:

Book

Contributor:

Edward Elgar Publishing, publisher.

Omar, Paul J., editor.

Gant, Jennifer L. L., editor.

Series:

Research Handbooks in Private and Commercial Law

Language:

English

Subjects (All):

Consolidation and merger of corporations--Law and legislation.

Consolidation and merger of corporations.

Corporate reorganizations--Law and legislation.

Corporate reorganizations.

Physical Description:

1 online resource (580 pages)

Place of Publication:

Cheltenham, England ; Northampton, Massachusetts : Edward Elgar Publishing, [2021]

Summary:

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.

Contents:

Front Matter

Copyright

Contents

Figures

Contributors

Preface

Acknowledgements

1. Corporate rescue through the ages

PART I NATIONAL AND INTERNATIONAL MODELS FOR RESCUE

2. International organisations and the search for global insolvency standards

3. The evolution of corporate rescue in Canada and the United States

4. The idea of rescue and the Chapter 11 model

5. Trust as a turnaround technique to influence the continuity versus asset recovery decision of restructuring bankers: An empirical tale

6. Reforms in adverse economic climates: how reforms take place in the Eurozone

PART II STAKEHOLDERS IN INSOLVENCY

7. Involving secured creditors in restructuring proceedings

8. Potential liability for directors during corporate restructuring: comparative perspectives

9. Employees as stakeholders in restructuring and insolvency: acquired rights and business transfers

10. The position of shareholders in a restructuring

11. Consumers, entrepreneurs and insolvency proceedings

PART III CORPORATE STRUCTURES AND ORGANISATIONAL MODELS

12. Corporate groups

13. Bank insolvency - recovery and resolution

14. Making insolvency law responsive to the needs of financially distressed micro and small enterprises

15. Franchisees as externalities of insolvent franchisors: a windfall gain for employees?

16. Insolvent partnerships: development of a normative framework based on a contractual paradigm

PART IV SPECIALIST PROCESS ISSUES

17. Insurance procedures in corporate insolvency: a comparison of the arrangements in the United Kingdom, Australia, and New Zealand

18. Pension rights and funds

19. Patent-rich firms and corporate restructuring: patent signalling, valuation, and governance

20. The impact of artificial intelligence on insolvency law and practice

PART V INSTITUTIONAL SUPPORT.

21. The realm of soft law instruments in restructuring and insolvency law

22. Cross-border corporate restructurings, judicial assistance and judge-made law: New Zealand and Cayman Island experiences

23. Corporate insolvency practitioners: ethics and fiduciary duties

PART VI INTERDISCIPLINARY AND CROSS-FIELDS OF INSOLVENCY AND RESTRUCTURING

24. Overlooked human rights concerns in the restructuring and insolvency context

25. The role of social policy in corporate rescue and restructuring: a messy business

26. Law and economics of corporate financial difficulty

27. A behavioural law and economics perspective on EU restructuring and insolvency law

28. The analytical boundary between corporatere organisation and sale in corporate bankruptcy theory

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-78643-747-3