Corporate Insolvency Law in Australia and the United States: Uncommon Origins, Dissimilar Objectives

1997 ◽  
pp. 142-165
Keyword(s):  
United States ◽  
The United States ◽  
Insolvency Law ◽  
Corporate Insolvency

scholarly journals The Rise of Covenant-lite Lending and Implications for the UK’s Corporate Insolvency Law Toolbox

2019 ◽  
Vol 39 (3) ◽  
pp. 654-680
Author(s):  
Sarah Paterson
Keyword(s):  
United States ◽  
Detailed Analysis ◽  
Early Warning ◽  
Print Media ◽  
The United States ◽  
Central Banks ◽  
Law Reform ◽  
Insolvency Law ◽  
Corporate Insolvency ◽  
Working Out

Abstract This article is, so far as the author is aware, the first to examine in detail the implications of the explosion of covenant-lite loans for English corporate insolvency law. Covenant-lite loans lack certain early warning mechanisms that have traditionally been found in loans to heavily indebted borrowers. Concerns about the implications of covenant-lite loans have been raised in the broadcast and print media, and by economists and central banks in England and the United States. This is an issue that matters to us all. This article argues that covenant-lite lending means that lenders and borrowers may start restructuring negotiations when the scale of the distress is acute, implicating operational and financial liabilities. It provides a detailed analysis of the additional corporate insolvency law tools which may be needed as a result, and explains why this analysis is relevant for the detailed working out of current corporate insolvency law reform proposals.

scholarly journals German Insolvency Act: Special Provisions of Consumer Insolvency Proceedings and the Discharge of Residual Debts

2006 ◽  
Vol 7 (1) ◽  
pp. 59-70 ◽  
Author(s):  
Susanne Braun
Keyword(s):  
United States ◽  
Public Interest ◽  
German Economy ◽  
The United States ◽  
Insolvency Law ◽  
The Law ◽  
Insolvency Proceedings

Information about the insolvency of big enterprises such as Enron and Worldcom in the United States; Bremer Vulkan, Philip Holzmann, Babcock Borsig, CargoLifter, Walter Bau and “Ihr Platz GmbH & Co KG” in Germany; and discussion about the insolvency of States (e.g. Argentina) has awakened public interest in insolvency law and proceedings. Both the high number of insolvent enterprises and the increasing rate of consumer insolvency are shocking.The German Insolvency Act of 1999 created a uniform insolvency statute for all of Germany. In most cases, upon the instituting of insolvency proceedings, only small or no-insolvency estates were available. As a result, creditors only received average distributions of between three and five percent. Approximately three quarters of all insolvency procedures could not be instituted because of an insufficient insolvency estate. A large number of the insolvency proceedings carried out by the courts had to be terminated prematurely due to lack of assets. This deficiency in the law, referred to as the “bankruptcy of bankruptcy,” is to be remedied by the new Insolvency Act, as a failure in instituting insolvency proceedings is damaging confidence in the German economy.

Introduction

2016 ◽  
Author(s):  
Michael Schillig
Keyword(s):  
United States ◽  
European Union ◽  
Subject Matter ◽  
The United States ◽  
The European Union ◽  
Too Big To Fail ◽  
Reform Legislation ◽  
Conceptual Clarity ◽  
The Subject ◽  
Corporate Insolvency

The Introduction provides a brief summary of the background for the reform legislation on recovery and resolution in the European Union and in the United States, with a particular focus on the ‘too-big-to-fail’ problem. It gives an overview of the content of the Bank Recovery and Resolution Directive, the Single Resolution Mechanisms for the eurozone, and the Orderly Liquidation Authority under the Dodd–Frank Act. It further seeks to provide some terminological and conceptual clarity as regards the subject matter of the book, notably with a view to delineating supervision, resolution, and corporate insolvency. The structure of the book is summarized in outline.

Corporate Insolvency Law in South Asia

2019 ◽  
pp. 35-73
Author(s):  
Sikha Bansal
Keyword(s):  
United States ◽  
South Africa ◽  
United Kingdom ◽  
Sri Lanka ◽  
South Asia ◽  
East Asian ◽  
Asian Countries ◽  
Insolvency Law ◽  
History Of ◽  
Corporate Insolvency

The chapter, while making a background study of the principles underlying corporate insolvency laws and corporate insolvency laws prevalent in non-Asian economies (i.e., United States, United Kingdom, Australia, and South Africa), tracks the history of corporate insolvency law in select South-Asian and South-East Asian countries (i.e., Bangladesh, Bhutan, India, Malaysia, Nepal, Pakistan, Sri Lanka, and Thailand). The chapter seeks to acquaint the readers with the efforts which led to the various reforms in these jurisdictions.

scholarly journals The Companies' Creditors Arrangement Act and the Petroleum Industry: The Blue Range Resource Corporation Proceedings

2001 ◽  
Vol 39 (1) ◽  
pp. 35 ◽  
Author(s):  
Douglas S. Nishimura
Keyword(s):  
United States ◽  
Petroleum Industry ◽  
The United States ◽  
Insolvency Law ◽  
Bankruptcy Code ◽  
Blue Range ◽  
The Impact

This article provides an analysis of s. II of the Companies' Creditors Arrangement Act and the decisions arising out of the Blue Range litigation. While comparing the CCAA legislation with the Bankruptcy and Insolvency Act and the United States Bankruptcy Code the author analyzes the impact of the Blue Range Decisions on insolvency law and the petroleum industry.

scholarly journals Executory Contracts in Mexican Insolvency Law

2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Luis Manuel C. Méjan
Keyword(s):  
United States ◽  
United States Of America ◽  
The United States ◽  
Legal Systems ◽  
Insolvency Law

The Mexican Law Review published an article by Dr. Susana Dávalos entitled “The Rejection of Executory Contracts”1 that addresses the comparison of three legal systems in Spain, Germany and the United States of America when dealing with contracts pending execution when a debtor is declared insolvent. From the analysis of these three systems, the author concludes, for the reasons given therein, that the Spanish regime is the most adequate to reach the objectives pursued by insolvency procedures. Motivated by the reading of this interesting work, the objective of this comment is to show how the regime Mexican legislation has adopted to deal with this issue.

Correlative microscopy in distrubuted (client/server) computing environments: tools for catalyzing the rapid dissemination of information about the cell biology of the human prostate

1995 ◽  
Vol 53 ◽  
pp. 682-683
Author(s):  
A. Hakam ◽  
J.T. Gau ◽  
M.L. Grove ◽  
B.A. Evans ◽  
M. Shuman ◽  
...  
Keyword(s):  
United States ◽  
Cell Biology ◽  
Tissue Bank ◽  
The United States ◽  
Prostate Adenocarcinoma ◽  
Correlative Microscopy ◽  
Client Server ◽  
Critical Elements ◽  
Transplant Organ

Prostate adenocarcinoma is the most common malignant tumor of men in the United States and is the third leading cause of death in men. Despite attempts at early detection, there will be 244,000 new cases and 44,000 deaths from the disease in the United States in 1995. Therapeutic progress against this disease is hindered by an incomplete understanding of prostate epithelial cell biology, the availability of human tissues for in vitro experimentation, slow dissemination of information between prostate cancer research teams and the increasing pressure to “ stretch” research dollars at the same time staff reductions are occurring.To meet these challenges, we have used the correlative microscopy (CM) and client/server (C/S) computing to increase productivity while decreasing costs. Critical elements of our program are as follows:1) Establishing the Western Pennsylvania Genitourinary (GU) Tissue Bank which includes >100 prostates from patients with prostate adenocarcinoma as well as >20 normal prostates from transplant organ donors.

Digital image acquisition, processing, and analysis in a polymer microscopy laboratory

1994 ◽  
Vol 52 ◽  
pp. 454-455
Author(s):  
Vinod K. Berry ◽  
Xiao Zhang
Keyword(s):  
United States ◽  
Image Analysis ◽  
Digital Image ◽  
Image Acquisition ◽  
Image Transmission ◽  
The United States ◽  
Quantitative Image Analysis ◽  
Quantitative Image

In recent years it became apparent that we needed to improve productivity and efficiency in the Microscopy Laboratories in GE Plastics. It was realized that digital image acquisition, archiving, processing, analysis, and transmission over a network would be the best way to achieve this goal. Also, the capabilities of quantitative image analysis, image transmission etc. available with this approach would help us to increase our efficiency. Although the advantages of digital image acquisition, processing, archiving, etc. have been described and are being practiced in many SEM, laboratories, they have not been generally applied in microscopy laboratories (TEM, Optical, SEM and others) and impact on increased productivity has not been yet exploited as well.In order to attain our objective we have acquired a SEMICAPS imaging workstation for each of the GE Plastic sites in the United States. We have integrated the workstation with the microscopes and their peripherals as shown in Figure 1.

Silence of the Land: On the Historical Irrelevance of Territory to Congressional Districting and Political Representation in the United States

2001 ◽  
Vol 15 (01) ◽  
pp. 53-87 ◽  
Author(s):  
Andrew Rehfeld
Keyword(s):  
United States ◽  
House Of Representatives ◽  
Political Representation ◽  
The United States ◽  
Representative Government ◽  
Congressional District ◽  
Congressional Districts ◽  
Communities Of Interest

Every ten years, the United States “constructs” itself politically. On a decennial basis, U.S. Congressional districts are quite literally drawn, physically constructing political representation in the House of Representatives on the basis of where one lives. Why does the United States do it this way? What justifies domicile as the sole criteria of constituency construction? These are the questions raised in this article. Contrary to many contemporary understandings of representation at the founding, I argue that there were no principled reasons for using domicile as the method of organizing for political representation. Even in 1787, the Congressional district was expected to be far too large to map onto existing communities of interest. Instead, territory should be understood as forming a habit of mind for the founders, even while it was necessary to achieve other democratic aims of representative government.

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