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This new edition of Corporate Insolvency Law builds on the unique and influential analytical framework established in previous editions - which outlines the values to be served by insolvency law and the need for it to further corporate as well as broader social ends. Examining insolvency law in the fast-evolving commercial world, the third edition covers the host of new laws, policies and practices that have emerged in response to the fresh corporate and financial environments of the post-2008 crisis era. This third edition includes a new chapter on the growing issue of cross border insolvency and deals with a host of recent developments, notably; the consolidation of the rescue culture in the UK, the rise of the pre-packaged administration, and the substantial replacement of administrative receivership with administration. Suitable for advanced undergraduate and graduate students, professionals and academics, Corporate Insolvency Law offers an organised basis for rising to the challenges of an ever-shifting area of the law.

Written by Ron Mattocks, Zone of Insolvency shines a bright and urgent light on the real issue of creating financial strength across the whole spectrum of nonprofit organizations. This insightful book uniquely shows you how to rise above "business as usual" with workable solutions to launch your organization out of the Zone of Insolvency and into financial viability.

Written by a leading bankruptcy tax and accounting specialist and KPMG Tax partner from the Bankruptcy Practice Group who is also National Director of the firm's Technical Tax Services for Subchapter C. Updates to chapters to reflect new cases that have been decided and pronouncements issued by the IRS An explaination on the confict that exists among circuit courts and the IRS's position regarding the stepped-up basis in stock of an S corporation resulting from cancellation of debt A discussion on regulations issued by the IRS and the Treasury dealing with continuity of shareholder interst, remote continuity of interest and continuity of business enterprise, soley for voting stock requirements, and stock rights connected with regorganizations A discussion of modifications to the final and temporary section 1060 and section 338(B) regulations and the subsequent issue of new temporary reulations, effective for accquisitions on or after January 6, 2000, replacing and removing previous regulations under sections B38 and 1060.

This new edition of Corporate Insolvency Law builds on the unique and influential analytical framework established in previous editions - which outlines the values to be served by insolvency law and the need for it to further corporate as well as broader social ends. Examining insolvency law in the fast-evolving commercial world, the third edition covers the host of new laws, policies and practices that have emerged in response to the fresh corporate and financial environments of the post-2008 crisis era. This third edition includes a new chapter on the growing issue of cross border insolvency and deals with a host of recent developments, notably; the consolidation of the rescue culture in the UK, the rise of the pre-packaged administration, and the substantial replacement of administrative receivership with administration. Suitable for advanced undergraduate and graduate students, professionals and academics, Corporate Insolvency Law offers an organised basis for rising to the challenges of an ever-shifting area of the law.

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Written by Ron Mattocks, Zone of Insolvency shines a bright and urgent light on the real issue of creating financial strength across the whole spectrum of nonprofit organizations. This insightful book uniquely shows you how to rise above "business as usual" with workable solutions to launch your organization out of the Zone of Insolvency and into financial viability.

Accountants and financial managers are often the first professionals to realize that a financial problem exists within a corporation but must be familiar with the various alternatives available to clients before they can offer solutions. Completely updated, Bankruptcy and Insolvency Accounting, Seventh Edition, Volume 1 provides detailed information on SOP 90-7 and FASB statements 141, 142, and 144 and revisions made in CSSR 93-1 by CSSR 03-1. The process of corporate restructuring is thoroughly described for controllers, CEOs, CFOs and CPAs with small businesses as clients.

Insolvency law cuts across almost every field of private law. The rights that are created in other fields of law can no longer be vindicated in the usual forum through the ordinary civil process once insolvency proceedings are commenced. Instead, the rights are enforced through the insolvency proceedings, and in some cases the nature and characteristics of the rights are significantly transformed. The impact of insolvency law on social and economic conditions both within Canada and worldwide is equally breathtaking. The fate of the Canadian blood supply system, the future of our national airlines, the recovery afforded to victims of institutional abuse, and the survival of entire communities have all hung in the balance. "Bankruptcy and Insolvency Law" is the most up-to-date treatise on the subject currently available in Canada. The book is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. By focusing on the underlying principles of insolvency law the reader can see how these principles work in a variety of different situations and contexts. This, in turn, affords a deeper understanding of their nature and operation. It provides a careful and concise review of case law along with authoritative commentary on the issues facing those practising and adjudicating in the field. The book will appeal to judges and seasoned practitioners as well as to lawyers, other professionals, and students new to the field.

Accountants and financial managers are often the first professionals to realize that a financial problem exists within a corporation but must be familiar with the various alternatives available to clients before they can offer solutions. Completely updated, Bankruptcy and Insolvency Accounting, Seventh Edition, Volume 1 provides detailed information on SOP 90-7 and FASB statements 141, 142, and 144 and revisions made in CSSR 93-1 by CSSR 03-1. The process of corporate restructuring is thoroughly described for controllers, CEOs, CFOs and CPAs with small businesses as clients.

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Americans now depend more heavily upon credit than any other society on Earth, or any other time in history. Borrowing has become a way of life for millions of families, and it is hard to imagine a time when charge accounts did not exist. Nonetheless, it would be a mistake to assume that, because a wallet filled with plastic instead of cash is a relatively new phenomenon, Americans have not been borrowers and lenders since the colonization of the New World. Author Peter J. Coleman proves otherwise. In one Form or another -- notes of hand, book credit, commercial paper, mortgages, land contracts -- settlers borrowed to pay their passage from Europe, to buy and clear land, to build and operate mills, to purchase slaves, and to gamble and drink. Debtors' prison awaited those who could not pay their debts, and a pauper's grave received the unfortunate who lacked the private means to feed and clothe himself in prison. While the debtors' prisons described in this book no longer exist, the author maintains that our credit-oriented society has yet to devise cheap, efficient, equitable, and humane methods of enforcing contracts for debt.

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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, Bruce H. Mann illuminates this crucial transformation in early American society. From the wealthy merchant to the backwoods farmer, Mann tells the personal stories of men and women struggling to repay their debts and stay ahead of their creditors. He opens a window onto a society undergoing such fundamental changes as the growth of a commercial economy, the emergence of a consumer marketplace, and a revolution for independence. In addressing debt Americans debated complicated questions of commerce and agriculture, nationalism and federalism, dependence and independence, slavery and freedom. And when numerous prominent men―including the richest man in America and a justice of the Supreme Court―found themselves imprisoned for debt or forced to become fugitives from creditors, their fate altered the political dimensions of debtor relief, leading to the highly controversial Bankruptcy Act of 1800. Whether a society forgives its debtors is not just a question of law or economics; it goes to the heart of what a society values. In chronicling attitudes toward debt and bankruptcy in early America, Mann explores the very character of American society.

Drawing heavily on contributing cultural and ethnic factors, this book analyzes Miami's fiscal insolvency since 1996 and describes what led to the financial crisis, the explanations for the crisis, and the reasons for a slow recovery. Comparing Miami's insolvency with the earlier fiscal crises in Philadelphia, New York City, and Orange County, CA, the authors show the role of Miami's poor economic climate, the increasing ethnic influence, the emphasis on fiscal conservatism and a pay-as-you-go philosophy, the lack of standard and professional budgetary practices, and the corruption of several city officials. In conclusion, the authors consider Miami's outlook for the future.To fully understand Miami's original crisis and the extremely slow financial recovery, the authors believe it is necessary to explore how the dominant culture contributed to the city's financial problems. The authors show that structural features of the local government are less important than broader cultural and ethnic attitudes and practices.

Buying and Selling Insolvent Companies and Businesses is a practical legal guide to the sale and purchase of insolvent companies and businesses. It aims to be a comprehensive guide to its readers, being useful to insolvency practitioners and other professionals involved in insolvency, including lawyers, accountants, company directors and company secretaries. It is also of use to potential investors and their advisers as well as being of interest to students who may wish to specialise in insolvency. Updated to include: Further consultation on pre-pack administrations resulting in a government statement; Further decision from the ECJ on where the Centre of Main Interests of a company is, which impacts on whether administration in the UK is available and COMI shifting; New competition law guidance on mergers and proposed changes to UK merger law when the OFT and Competition Commission merge; A raft of new cases on how directors appoint administrators; Goodwill IP rights and data protection - coverage of the new proposed data protection directive and new case law relevant to mergers; New Court of Appeal authority on employees and clarity as to when TUPE will apply on a business sale by administrators; New Employment Tribunal authority on employee claims for failure to consult before dismissal; New Court of Appeal authority on the status of claims by The Pensions Regulator; Further developments in the treatment of landlords on a restructuring; New case law on landlords' claims as an expense of administration; Distressed sales are getting more frequent and sector focused, such as retail, care homes, professional services and there are likely to be further developments. Previous ISBN: 9781847665423

Indebtedness as the universal condition of modern life The credit crisis has pushed the whole world so far into the red that the gigantic sums involved defy understanding. On a human level, what does such an enormous degree of debt and insolvency mean? In this timely book, cultural critic Richard Dienst considers the financial crisis, global poverty, media politics and radical theory to parse the various implications of a world where man is born free but everywhere is in debt. Written with humor and verve, Bonds of Debt ranges across subjects—such as Obama’s national security strategy, the architecture of Prada stores, press photos of Bono, and a fairy tale told by Karl Marx—to capture a modern condition founded on fiscal imprudence. Moving beyond the dominant pieties and widespread anxieties surrounding the topic, Dienst re-conceives the world’s massive financial obligations as a social, economic, and political bond, where the crushing weight of objectified wealth comes face to face with new demands for equality and solidarity. For this inspired analysis, we are indebted to him.

Buying and Selling Insolvent Companies and Businesses is a practical legal guide to the sale and purchase of insolvent companies and businesses. It aims to be a comprehensive guide to its readers, being useful to insolvency practitioners and other professionals involved in insolvency, including lawyers, accountants, company directors and company secretaries. It is also of use to potential investors and their advisers as well as being of interest to students who may wish to specialise in insolvency. Updated to include: Further consultation on pre-pack administrations resulting in a government statement; Further decision from the ECJ on where the Centre of Main Interests of a company is, which impacts on whether administration in the UK is available and COMI shifting; New competition law guidance on mergers and proposed changes to UK merger law when the OFT and Competition Commission merge; A raft of new cases on how directors appoint administrators; Goodwill IP rights and data protection - coverage of the new proposed data protection directive and new case law relevant to mergers; New Court of Appeal authority on employees and clarity as to when TUPE will apply on a business sale by administrators; New Employment Tribunal authority on employee claims for failure to consult before dismissal; New Court of Appeal authority on the status of claims by The Pensions Regulator; Further developments in the treatment of landlords on a restructuring; New case law on landlords' claims as an expense of administration; Distressed sales are getting more frequent and sector focused, such as retail, care homes, professional services and there are likely to be further developments. Previous ISBN: 9781847665423

Examines the various types of reservation of title clauses used in contracts for the sale of goods and discusses the advantage of the inclusion of such a clause. The Court of Appeal decision in the "Romalpa" case, the Insolvency Act 1986 and the Bill of Sale Acts are discussed in detail.

AMERICA IS BANKRUPT As the federal government crashes through one debt ceiling after another, Americans are facing a grim future of inflation, economic stagnation, and ultimately, national insolvency. Our increasingly desperate situation stems from a broken political system in which Congress brazenly defies its constitutional limits, grabbing more and more power as it recklessly plunges our nation into the abyss. As one of Congress’s leading budget hawks, Senator Mike Lee argues there is only one way to defuse our fiscal time bomb and permanently force fiscal responsibility on Congress: adopt a balanced budget amendment. In this urgent book, Senator Lee explains: How the fight for a balanced budget amendment is part of a larger battle to reign in our out-of-control Congress How balancing the budget will increase the individual liberty of every American How major federal programs can—and must—be eliminated How a balanced budget amendment can be designed without the loopholes spendthrift congressmen will want Why the chances of enacting a balanced budget amendment are better now than ever before History is littered with nations that were destroyed by wasteful spending. As Senator Lee shows in compelling detail, if America is to remain a land of freedom and opportunity, we must act now to eliminate our government’s ruinous, unsustainable debt. With a balanced budget amendment, the fight for fiscal responsibility and limited government can be won—and as Senator Lee warns us, our liberty and prosperity depend on it.

This volume is an empirical analysis of the use of retention of title clauses. It focuses on the work of insolvency practitioners and lawyers in defending and asserting these claims, and examines the negotiating process involved, using this to create a model for out-of-court negotiation and settlement in a commercial context.