Current Developments in International and Comparative Corporate Insolvency Law
Current Developments in International and Comparative Corporate Insolvency Law
Cite
Abstract
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 fuelled the development of sophisticated and conceptually complex sets of laws aimed at coping with the consequences of business failure. The existence of an almost simultaneous programme of reform proposals and pressure for further changes in a number of jurisdictions is therefore not mere coincidence, but reflects the global character of the problems caused by corprorate collapse. 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, also, at developments of the leading corporate insolvency specialists in the US, UK, Australia, Japan, and Canada. This volume will be a vital source of reference on up-to-date matters of law for insolvency specialists everywhere in the world. Contributors: Nick Segal, Axel Flessner, Lawrence P. King, Ron Harmer, Dan Prentice, Fidelis Oditah, Lynn M. LoPucki, George G. Triantis, Richard F. Broude, Harry Rajak, Theodore Eisenberg, Shoichi Tagashira, Stuart C. Gilson, Ellen L. Hayes, Ian F. Fletcher, Morris G. Shanker, R. H. McLaren, R.C.C. Cuming, Yukiko Hasebe, Susan J. Cantlie, Jacob S. Ziegel, F.H. Buckley, L. S. Sealy, Abe Herzberg, John Farrar, Ronald Daniels, Christopher Grierson, Evan D. Flaschen, Ronald J. Silverman, Koji Takeuchi, Jay Lawrence Westbrook, Donald Trautman, Yasuhei Taniguchi, Douglass Boshkoff, Timothy Powers, Michael Bogdan, Hal S. Scott, Judge James L. Garitty, Jr., Justice James Farley, Justice R. A. Blair.
-
Front Matter
-
Part A Comparative Aspects
Jacob S Ziegel (ed.) andSusan I Candie (ed.)-
Section I Where are we now and Where are we going?
-
I
An Overview of Recent Developments and Future Prospects in the United Kingdom
Nick Segal*
-
2
Philosophies of Business Bankruptcy Law: An International Overview
Axel Flessner*
-
3
An Overview of Recent Developments and Future Prospects in the United States
Lawrence P King*
-
4
An Overview of Recent Developments and Future Prospects in Australia (With Some Reference to New Zealand and Asia)
Ron Harmer*
-
I
An Overview of Recent Developments and Future Prospects in the United Kingdom
-
Section II The Challenges of Reorganizing Insolvent Corporations
-
5
Administration: Part II of the Insolvency Act 1986
Dan Prentice and others
-
6
A Systems Approach to Comparing US and Canadian Reorganization of Financially Distressed Companies
Lynn M Lopucki* andGeorge G Triantis**
-
7
Some Comments on the Challenges of Commercial Reorganization in Insolvency: Why Chapter 11?
Richard F Broude*
-
8
The Challenges of Commercial Reorganizations in Insolvency: Empirical Evidence from England
Harry Rajak*
-
9
Should We Abolish Chapter 11? The Evidence from Japan
Theodore Eisenberg andShoichi Tagashira*
-
10
Methodological Issues in Cross Country Comparisons of Commercial Bankruptcy Law: Comment on Papers by Eisenberg Ta gashira, and Rajak
Stuart C Gilson*
-
11
Executory Contracts and Proposals Under the Bankruptcy and Insolvency Act (Canada): A Comparative Analysis with the Companies’ Creditors Arrangement Act (Canada)
Ellen L Hayes*
-
5
Administration: Part II of the Insolvency Act 1986
-
Section III Voidable Transactions in Bankruptcy
-
12
Voidable Transactions in Bankruptcy: British Law Perspectives
Ian F Fletcher*
-
13
The American Bankruptcy Preference Law: Perceptions of the Past, the Transition to the Present, and Ideas for the Future
Morris G Shanker*
-
14
Voidable Transactions in Bankruptcy: The Canadian Perspective
Richard H Mclaren*
-
12
Voidable Transactions in Bankruptcy: British Law Perspectives
-
Section IV The ranking of Creditors in the Distribution of Insolvent Estates
-
15
Canadian Bankruptcy Law: A Secured Creditor’s Heaven
R C C Cuming
-
16
The Position of Creditors in the Distribution of Insolvent Estates: Consensual Secured Creditors in Japan
Yukiko Hasebe
-
17
Preferred Priority in Bankruptcy
Susan J Cantlie
-
18
The Privately Appointed Receiver and the Enforcement of Security Interests: Anomaly or Superior Solution?
Jacob S Ziegel*
-
19
The Canadian Private Receivership
F H Buckley*
-
15
Canadian Bankruptcy Law: A Secured Creditor’s Heaven
-
Section V The Personal Liability of Directors and Officers for the Debts of Insolvent Corporations
-
20
Personal Liability of Directors and Officers for Debts of Insolvent Corporations: A Jurisdictional Perspective (England)
L S Sealy
-
21
Insolvent Trading ‘Down Under’
Abe Herzberg
-
22
The Responsibility of Directors and Shareholders for a Company’s Debts under New Zealand Law
John H Farrar
-
23
Must Boards Go Overboard? An Economic Analysis of the Effects of Burgeoning Statutory Liability on the Role of Directors in Corporate Governance
Ronald J Daniels
-
20
Personal Liability of Directors and Officers for Debts of Insolvent Corporations: A Jurisdictional Perspective (England)
-
-
Part B International Aspects
Jacob S Ziegel (ed.) andSusan I Candie (ed.)-
Section VI Issues in Concurrent Insolvency Jurisdiction
-
24
Issues in Concurrent Insolvency Jurisdiction: English Perspectives
Christopher K Grierson
-
25
The Role of the Examiner as Facilitator and Harmonizer in the Maxwell Communication Corporation International Insolvency
Evan D Flaschen andRonald J Silverman
-
26
Issues in Concurrent Insolvency Jurisdiction: Comments on the Papers by Grierson and Flaschen-Silverman
Koji Takeuchi
-
24
Issues in Concurrent Insolvency Jurisdiction: English Perspectives
-
Section VII Choice of Law Issues in International Insolvencies
-
Section VIII Harmonization of Jurisdictional and Recognitional Rules
-
29
Some Observations on Fairness, Public Policy, and Reciprocity in Cross-Border Insolvencies
Douglass G Boshkoff
-
30
The Mode/ International Insolvency Co operation Act: A Twenty First Century Proposal For International Insolvency Cooperation
Timothy E Powers
-
31
The Nordic Bankruptcy Convention
Michael Bogdan
-
32
Harmonization of Jurisdictional and Recognitional Rules: The Istanbul Convention and the Draft EEC Convention
Ian F Fletcher
-
33
Some Comments on Harmonization of Jurisdictional and Recognitional Rules
Richard F Broude
-
29
Some Observations on Fairness, Public Policy, and Reciprocity in Cross-Border Insolvencies
-
Section IX Problems of Insolvent multinational Financial Institutions
-
Section X The Judges Speak
-
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
February 2024 | 2 |
August 2024 | 1 |
August 2024 | 1 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 1 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 2 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 2 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 2 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 2 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 1 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
September 2024 | 4 |
February 2025 | 2 |
February 2025 | 2 |
February 2025 | 2 |
March 2025 | 2 |
March 2025 | 1 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 1 |
March 2025 | 2 |
March 2025 | 2 |
March 2025 | 1 |
April 2025 | 3 |
April 2025 | 2 |
April 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 1 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
May 2025 | 2 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.