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, hereafter identified as Keay's text, and Directors' Duties During Insolvency by Allens Arthur Robinson, hereafter identified as … considered an insolvency practitioner's guide. However, both texts contain elements of interest for academics and insolvency …
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Introduction -- Literature, Underlying Concepts and Research Gaps -- Methodology and Research Questions -- History of the German Industrial Landscape between 1958 and 2018 -- Quantitative Analysis: The 250 Largest Enterprises of 1958 and 2018 -- Long-term Analysis I: The 250 Largest Enterprises...
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In the field of corporate insolvency law, European Union legislation has aimed to promote the availability and success … restructuring and insolvency, which contains provisions that specifically focus on early restructuring actions, as soon as there is … a likelihood of insolvency. When a company is in the pre-insolvency situation, directors must react to the relevant …
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transactions in insolvency. Existing ‘best practice' guidance on the design of insolvency laws assumes that such avoidance rules … are best operationalised within collective insolvency procedures. But in many jurisdictions the commencement of collective … insolvency proceedings is value destructive; so much so that creditors may prefer to see firms fail outside such proceedings …
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In this Essay on Lynn LoPucki and Bill Whitford's corporate reorganization project, written for a symposium honoring Bill Whitford, I begin by very briefly describing its historical antecedents. The project draws on the insights and perspectives of two closely intertwined traditions: the legal...
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We present a model of an insolvent firm that may take advantage of a "soft-touch" government creditor in order to buy time before filing for reorganization, behavior we refer to as "claims substitution." Parameters in the model reflect the enforcement of absolute priority and government priority...
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This article represents one of the pioneering efforts in the Chinese literature to systematically examine the role of gatekeepers in corporate governance. It seeks to explain how gatekeepers may function and malfunction, in light of the Enron scandal and the financial crisis of 2008, and draw...
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