A Global View of Business Insolvency Systems

The purpose of this book is to provide a coherent overview of the insolvency systems found around the world. Its intended audience includes academics, judges, lawyers, and policymakers. Its focus is on businesses rather than natural persons. The authors hope to give the reader a sense of some of the...

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Main Authors: Westbrook, Lawrence, Booth, Charles D., Paulus, Christoph G., Rajak, Harry
Format: Publication
Language:en_US
Published: Washington, DC: World Bank and Brill 2013
Subjects:
Online Access:http://hdl.handle.net/10986/13522
id okr-10986-13522
recordtype oai_dc
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language en_US
topic accountant
Accurate Information
administration of insolvency
administrative debt
Administrative Institutions
administrative procedure
administrative receiver
Assets
Assignment of Contracts
Bankruptcy
Bankruptcy Law
bankruptcy policy
bankruptcy proceeding
business debtor
Business Insolvency
Business Law
Cash Flow
Certified Public Accountants
Choice of Law
civil law
claim
Claimants
collateral
collection procedure
collusive bidding
Commencement of Insolvency
commencement of insolvency proceedings
commercial debtors
commercial law
Comparative Law
concealment of assets
contractual relationships
Corporate Governance
Corporate Insolvency
Corporate Insolvency Law
Corporate Insolvency Legislation
corporate law
Corporate reorganizations
court action
court judgments
court order
credit costs
credit system
Credit Systems
creditor
creditor interests
creditor rights
Creditor Rights Systems
Creditors
criminal law
Debt
debt collection
debt collection laws
debt-collection
Debtor
debtor's property
Debtors
debts
default judgment
defaults
Derivatives
Disposition
Dissenting Creditors
Effective Insolvency
enforcement mechanism
Enforcement of Judgments
enforcement of security
equality of distribution
Estate
Exempt Property
financial crisis
financial distress
Financial Institutions
Financial Responsibility
financial systems
flow of credit
foreign judgments
Foreign Proceedings
Fraud
free market
General Counsel
general observation
going concern
going concern value
going-concern
going-concern value
grace period
individual creditor
individual debt
Informal Workout
Informal Workouts
insolvency administrator
Insolvency Administrators
insolvency case
Insolvency Cases
Insolvency Code
insolvency court
insolvency field
Insolvency Law
insolvency law reform
Insolvency Laws
insolvency matters
insolvency practitioner
Insolvency Procedure
insolvency procedures
Insolvency Proceeding
insolvency proceedings
insolvency process
insolvency regime
insolvency regimes
insolvency regulation
insolvency remedy
insolvency system
Insolvency Systems
institutional framework
Insurance
Insurance Companies
intellectual property
international bankruptcy
international business
International Financial Law
international insolvency
international insolvency law
judgement
judges
judgment
judicial system
Judiciary
Jurisdiction
jurisdictions
legal proceeding
legal system
legal systems
Legislative Guide on Insolvency Law
legislative reforms
lender
lenders
leverage
lien
lien on property
Liens
Liquidation
liquidation case
liquidation proceeding
liquidation value
loan
Model Law
Model Law on Cross-Border Insolvency
mortgage
movable property
municipal insolvency
Negotiation
negotiations
nonpayment
nonpayment of debt
notice of insolvency
Officer Liability
operation of law
out-of-court workouts
Personal Liability
Personal Property
Personal Property Securities
Personal Property Security
Possession
Preferential Transfer
Preferential Transfers
Private Law
pro-creditor
pro-debtor
procedural law
property right
protection of creditor
provision of credit
public registry
Receivership
reform of insolvency law
Rehabilitation Proceedings
Remedies
reorganization
reorganization procedure
repossession
Restructuring Plan
rights of creditors
rights of debtors
sale of property
sale of the collateral
secure payment
seizure of property
specific asset
specific assets
Statutory Provisions
Title
transaction law
transaction laws
transactions Law
transactions laws
Transnational Insolvency Project
trustees
Uniform Commercial Code
unsecured credit
unsecured creditor
unsecured creditors
Unsecured Debt
valid claim
Wages
spellingShingle accountant
Accurate Information
administration of insolvency
administrative debt
Administrative Institutions
administrative procedure
administrative receiver
Assets
Assignment of Contracts
Bankruptcy
Bankruptcy Law
bankruptcy policy
bankruptcy proceeding
business debtor
Business Insolvency
Business Law
Cash Flow
Certified Public Accountants
Choice of Law
civil law
claim
Claimants
collateral
collection procedure
collusive bidding
Commencement of Insolvency
commencement of insolvency proceedings
commercial debtors
commercial law
Comparative Law
concealment of assets
contractual relationships
Corporate Governance
Corporate Insolvency
Corporate Insolvency Law
Corporate Insolvency Legislation
corporate law
Corporate reorganizations
court action
court judgments
court order
credit costs
credit system
Credit Systems
creditor
creditor interests
creditor rights
Creditor Rights Systems
Creditors
criminal law
Debt
debt collection
debt collection laws
debt-collection
Debtor
debtor's property
Debtors
debts
default judgment
defaults
Derivatives
Disposition
Dissenting Creditors
Effective Insolvency
enforcement mechanism
Enforcement of Judgments
enforcement of security
equality of distribution
Estate
Exempt Property
financial crisis
financial distress
Financial Institutions
Financial Responsibility
financial systems
flow of credit
foreign judgments
Foreign Proceedings
Fraud
free market
General Counsel
general observation
going concern
going concern value
going-concern
going-concern value
grace period
individual creditor
individual debt
Informal Workout
Informal Workouts
insolvency administrator
Insolvency Administrators
insolvency case
Insolvency Cases
Insolvency Code
insolvency court
insolvency field
Insolvency Law
insolvency law reform
Insolvency Laws
insolvency matters
insolvency practitioner
Insolvency Procedure
insolvency procedures
Insolvency Proceeding
insolvency proceedings
insolvency process
insolvency regime
insolvency regimes
insolvency regulation
insolvency remedy
insolvency system
Insolvency Systems
institutional framework
Insurance
Insurance Companies
intellectual property
international bankruptcy
international business
International Financial Law
international insolvency
international insolvency law
judgement
judges
judgment
judicial system
Judiciary
Jurisdiction
jurisdictions
legal proceeding
legal system
legal systems
Legislative Guide on Insolvency Law
legislative reforms
lender
lenders
leverage
lien
lien on property
Liens
Liquidation
liquidation case
liquidation proceeding
liquidation value
loan
Model Law
Model Law on Cross-Border Insolvency
mortgage
movable property
municipal insolvency
Negotiation
negotiations
nonpayment
nonpayment of debt
notice of insolvency
Officer Liability
operation of law
out-of-court workouts
Personal Liability
Personal Property
Personal Property Securities
Personal Property Security
Possession
Preferential Transfer
Preferential Transfers
Private Law
pro-creditor
pro-debtor
procedural law
property right
protection of creditor
provision of credit
public registry
Receivership
reform of insolvency law
Rehabilitation Proceedings
Remedies
reorganization
reorganization procedure
repossession
Restructuring Plan
rights of creditors
rights of debtors
sale of property
sale of the collateral
secure payment
seizure of property
specific asset
specific assets
Statutory Provisions
Title
transaction law
transaction laws
transactions Law
transactions laws
Transnational Insolvency Project
trustees
Uniform Commercial Code
unsecured credit
unsecured creditor
unsecured creditors
Unsecured Debt
valid claim
Wages
Westbrook, Lawrence
Booth, Charles D.
Paulus, Christoph G.
Rajak, Harry
A Global View of Business Insolvency Systems
description The purpose of this book is to provide a coherent overview of the insolvency systems found around the world. Its intended audience includes academics, judges, lawyers, and policymakers. Its focus is on businesses rather than natural persons. The authors hope to give the reader a sense of some of the principal approaches to managing the general default of a business debtor. The authors will discuss the nature of the costs and benefits arising from the various policy choices legislators have made. In the process, they will emphasize the close interrelationship among various elements of an insolvency regime so that these elements can be viewed as part of an overall system and not just as a series of policy decisions about particular rules, such as the method of initiation of an insolvency case or the balance struck in setting the boundaries of an avoidance power. The organization of the book reflects our view of insolvency laws as complete systems, including not only the 'insolvency' or 'bankruptcy' code of a jurisdiction but also closely related laws and the institutional framework in which those laws are applied. The book takes a systematic approach to a variety of topics related to credit and insolvency regulation. The functional analysis starts with the study of debt enforcement, continues with an examination of general corporate insolvency legislation, corporate rehabilitation proceedings, informal workouts, employee rights, judicial and administrative institutions, and the considerations key to cross-border insolvency proceedings.
author2 Westbrook, Lawrence
author_facet Westbrook, Lawrence
Westbrook, Lawrence
Booth, Charles D.
Paulus, Christoph G.
Rajak, Harry
format Publications & Research :: Publication
author Westbrook, Lawrence
Booth, Charles D.
Paulus, Christoph G.
Rajak, Harry
author_sort Westbrook, Lawrence
title A Global View of Business Insolvency Systems
title_short A Global View of Business Insolvency Systems
title_full A Global View of Business Insolvency Systems
title_fullStr A Global View of Business Insolvency Systems
title_full_unstemmed A Global View of Business Insolvency Systems
title_sort global view of business insolvency systems
publisher Washington, DC: World Bank and Brill
publishDate 2013
url http://hdl.handle.net/10986/13522
_version_ 1764423679469420544
spelling okr-10986-135222021-04-23T14:03:08Z A Global View of Business Insolvency Systems Westbrook, Lawrence Booth, Charles D. Paulus, Christoph G. Rajak, Harry Westbrook, Lawrence accountant Accurate Information administration of insolvency administrative debt Administrative Institutions administrative procedure administrative receiver Assets Assignment of Contracts Bankruptcy Bankruptcy Law bankruptcy policy bankruptcy proceeding business debtor Business Insolvency Business Law Cash Flow Certified Public Accountants Choice of Law civil law claim Claimants collateral collection procedure collusive bidding Commencement of Insolvency commencement of insolvency proceedings commercial debtors commercial law Comparative Law concealment of assets contractual relationships Corporate Governance Corporate Insolvency Corporate Insolvency Law Corporate Insolvency Legislation corporate law Corporate reorganizations court action court judgments court order credit costs credit system Credit Systems creditor creditor interests creditor rights Creditor Rights Systems Creditors criminal law Debt debt collection debt collection laws debt-collection Debtor debtor's property Debtors debts default judgment defaults Derivatives Disposition Dissenting Creditors Effective Insolvency enforcement mechanism Enforcement of Judgments enforcement of security equality of distribution Estate Exempt Property financial crisis financial distress Financial Institutions Financial Responsibility financial systems flow of credit foreign judgments Foreign Proceedings Fraud free market General Counsel general observation going concern going concern value going-concern going-concern value grace period individual creditor individual debt Informal Workout Informal Workouts insolvency administrator Insolvency Administrators insolvency case Insolvency Cases Insolvency Code insolvency court insolvency field Insolvency Law insolvency law reform Insolvency Laws insolvency matters insolvency practitioner Insolvency Procedure insolvency procedures Insolvency Proceeding insolvency proceedings insolvency process insolvency regime insolvency regimes insolvency regulation insolvency remedy insolvency system Insolvency Systems institutional framework Insurance Insurance Companies intellectual property international bankruptcy international business International Financial Law international insolvency international insolvency law judgement judges judgment judicial system Judiciary Jurisdiction jurisdictions legal proceeding legal system legal systems Legislative Guide on Insolvency Law legislative reforms lender lenders leverage lien lien on property Liens Liquidation liquidation case liquidation proceeding liquidation value loan Model Law Model Law on Cross-Border Insolvency mortgage movable property municipal insolvency Negotiation negotiations nonpayment nonpayment of debt notice of insolvency Officer Liability operation of law out-of-court workouts Personal Liability Personal Property Personal Property Securities Personal Property Security Possession Preferential Transfer Preferential Transfers Private Law pro-creditor pro-debtor procedural law property right protection of creditor provision of credit public registry Receivership reform of insolvency law Rehabilitation Proceedings Remedies reorganization reorganization procedure repossession Restructuring Plan rights of creditors rights of debtors sale of property sale of the collateral secure payment seizure of property specific asset specific assets Statutory Provisions Title transaction law transaction laws transactions Law transactions laws Transnational Insolvency Project trustees Uniform Commercial Code unsecured credit unsecured creditor unsecured creditors Unsecured Debt valid claim Wages The purpose of this book is to provide a coherent overview of the insolvency systems found around the world. Its intended audience includes academics, judges, lawyers, and policymakers. Its focus is on businesses rather than natural persons. The authors hope to give the reader a sense of some of the principal approaches to managing the general default of a business debtor. The authors will discuss the nature of the costs and benefits arising from the various policy choices legislators have made. In the process, they will emphasize the close interrelationship among various elements of an insolvency regime so that these elements can be viewed as part of an overall system and not just as a series of policy decisions about particular rules, such as the method of initiation of an insolvency case or the balance struck in setting the boundaries of an avoidance power. The organization of the book reflects our view of insolvency laws as complete systems, including not only the 'insolvency' or 'bankruptcy' code of a jurisdiction but also closely related laws and the institutional framework in which those laws are applied. The book takes a systematic approach to a variety of topics related to credit and insolvency regulation. The functional analysis starts with the study of debt enforcement, continues with an examination of general corporate insolvency legislation, corporate rehabilitation proceedings, informal workouts, employee rights, judicial and administrative institutions, and the considerations key to cross-border insolvency proceedings. 2013-05-22T21:50:33Z 2013-05-22T21:50:33Z 2010 978-0-8213-8103-8 http://hdl.handle.net/10986/13522 en_US CC BY-NC-ND 3.0 IGO http://creativecommons.org/licenses/by-nc-nd/3.0/igo World Bank Washington, DC: World Bank and Brill Publications & Research :: Publication Publications & Research