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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

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

Pessimists see distressed M&A . . . Optimists see distressed M&A Opportunities abound in “bankruptcy beauties”―both in good times and bad. Distressed mergers and acquisitions used to be the domain of a handful of specialists, who generated handsome profits by unlocking value in troubled companies. Now, you can learn the secrets for participating in these deals with knowledge and confidence. The Art of Distressed M&A provides the critical information needed to manage the unique complexities of buying, selling, and financing troubled companies. The Art of Distressed M&A arms you with creative solutions to seemingly impossible problems and helps you to avoid common pitfalls. This comprehensive guide enables you to: Understand the roles, rights, and responsibilities of debtors, secured creditors, unsecured creditors, advisors, trustees, and bankruptcy courts Navigate through complicated valuation, financing, legal, accounting, and tax issues Communicate effectively and make informed proposals in multiparty negotiations Create the optimal deal structure―from prepackaged plans of reorganization to 363 sales to loan-to-own transactions The Art of Distressed M&A also highlights practical examples using recent bankruptcy cases following the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and is the first publication of its kind since The Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010.

No man had ever dared to force his attentions on stunning, fiery Samantha Kingsley -- until Hank Chavez, the rough-hewn, insolvent outlaw, aroused the spirited hellion's wrath...and her passion.Samantha vowed to slaughter the impulsive rogue...if her father didn't do it first. For there's only one thing Chavez wants more than the Kingley's sprawling Mexican homestead: to ignite in Samantha's breast...and to take the tempestuous beauty in bold, rapturous conquest.

When Lady Fortescue's hotel for financially insolvent aristocrats burns to the ground, poor Miss Tonks decides to steal something from her rich relations that will help get the hotel back on its feet.

This book proves, in simple easy language, that we are living in a "Matrix". Behind a fraudulent and corrupt "monetary" system lies a hidden creditor. This book proves that this creditor is actually the puppeteer of an insolvent government and hidden master of all American citizens and courts. The creditor has deviously devised a monetary system based on exchange of debt owned and or liened by the creditor. As one may not see one specific tree in the forest, one does not see a hidden mark (lien) on every transaction he makes, until that specific mark is actually pointed out. Then it becomes visible for all time. “They Own It All” proves that we all have become subject to a devious scheme for our daily transactions. The book reveals the common denominator for the economic implosion, loss of unalienable rights, rise of government tyranny, and how the servant (government) became the master, though itself serving a well hidden higher master. By making the invisible (toxic and liened currency) visible the Reader is empowered to remedy a collapsing society with solid steps to create a new order for the People, not the government and its hidden puppeteers.

The catastrophic collapse of companies such as Enron, WorldCom, ImClone, and Tyco left angry investors, employees, reporters, and government investigators demanding to know how the CEOs deceived everyone into believing their companies were spectacularly successful when in fact they were massively insolvent. Why did the nation's top accounting firms give such companies clean audit reports? Where were the regulators and whistleblowers who should expose fraudulent CEOs before they loot their companies for hundreds of millions of dollars?In this expert insider's account of the savings and loan debacle of the 1980s, William Black lays bare the strategies that corrupt CEOs and CFOs—in collusion with those who have regulatory oversight of their industries—use to defraud companies for their personal gain. Recounting the investigations he conducted as Director of Litigation for the Federal Home Loan Bank Board, Black fully reveals how Charles Keating and hundreds of other S&L owners took advantage of a weak regulatory environment to perpetrate accounting fraud on a massive scale. He also authoritatively links the S&L crash to the business failures of the early 2000s, showing how CEOs then and now are using the same tactics to defeat regulatory restraints and commit the same types of destructive fraud.Black uses the latest advances in criminology and economics to develop a theory of why "control fraud"—looting a company for personal profit—tends to occur in waves that make financial markets deeply inefficient. He also explains how to prevent such waves. Throughout the book, Black drives home the larger point that control fraud is a major, ongoing threat in business that requires active, independent regulators to contain it. His book is a wake-up call for everyone who believes that market forces alone will keep companies and their owners honest.

In 1982 Johns-Manville, a major asbestos manufacturer, declares itself insolvent to avoid paying claims resulting from exposure to its products. A year later, Continental Airlines, one of the top ten carriers in the United States, claims a deficit when the union resists plans to cut labor costs. Later still, oil powerhouse Texaco cries broke rather than pay damages resulting from a courtroom defeat by archrival Pennzoil.Bankruptcy, once a term that sent shudders up a manager's spine, has now become a potent weapon in the corporate arsenal. In his timely and challenging study, Kevin Delaney explores this profound change in our legal landscape, where corporations with billions of dollars in assets employ bankruptcy to achieve specific political and organizational objectives. As a consequence, bankruptcy court is rapidly becoming an arena in which crucial social issues are resolved: How and when will people dying of asbestos poisoning be compensated? Can companies unilaterally break legally negotiated labor contracts? What are the ethical and legal rules of the corporate takeover game?In probing the Chapter 11 bankruptcies of Johns-Manville, Frank Lorenzo's Continental Airlines, and Texaco, Delaney shows not only that bankruptcy is pursued by managers more and more as a strategy, but that it is becoming accepted by the business community as a viable option, and not just a last-ditch solution.This searing exposé of current corporate practices will incite debate among corporate executives, lawyers, legislators, and policy makers.

Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved.Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.

This work illuminates to what extent rights of priority have been established among different classes of creditors in the course of the reorganization of debt of insolvent states.

A history of the family that controlled a department store chain that dominated in Canada for over a century. Begins with the founder Timothy in 1869, and traces the generations down to the shocking 1997 admission that the firm was insolvent, and the surviving heirs. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Happily married, but insolvent, Prince Hermann von Pückler-Muskau (1785-1871) and his wife Lucie devised a plan to save their beloved estate: they would divorce and Pückler would go to England to marry an heiress. Based on the princes letters reporting his progress to Lucie, this book is a blow-by-blow account of Pücklers courtships, but also a portrait of Regency England through the eyes of an intelligent, observant and, at one point, lovesick fortune hunter.