Casebook on comparative principles of Canadian and American bankruptcy and insolvency law

by Jacob S. Ziegel

Publisher: Dalhousie Law School in Halifax, Nova Scotia

Written in English
Published: Pages: 564 Downloads: 635
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Subjects:

  • Bankruptcy -- Canada -- Cases.,
  • Debtor and creditor -- Canada -- Cases.,
  • Bankruptcy -- United States -- Cases.,
  • Debtor and creditor -- United States -- Cases.

Edition Notes

StatementJacob Ziegel.
GenreCases.
ContributionsDalhousie University. Faculty of Law.
The Physical Object
Paginationvii, 564 p. ;
Number of Pages564
ID Numbers
Open LibraryOL19897879M

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Authored by leading experts from across the country, the third edition of Canadian Bankruptcy and Insolvency Law: Cases, Text, and Materials provides detailed and cutting edge commentary on all aspects of Canadian bankruptcy and insolvency law. Canadian Restructuring Regimes.

Page 5 • Restructuring (Chapter 11 type) – Companies’ Creditors Arrangement Act (“CCAA”) – Bankruptcy and Insolvency Act (“BIA”) – Debt reorganizations under corporate law statutes such as the. Canadian Business Corporations Act (“CBCA”) or the.

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The Canadian bankruptcy and insolvency law system is designed to financially rehabilitate the honest but unfortunate debtor. As a licensed insolvency trustee, I certainly believe in our system.

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Our Section liaises with: American Bankruptcy Institute; Canadian Association of Insolvency and Restructuring Professionals; International Bar Association; INSOL International.

Comparative research in consumer bankruptcy law is scarce. After profiling bankruptcy statistics in each country, the paper compares bankruptcy laws in Canada, United States and Sweden across 20 criteria and then analyses the predominate ideology underlying each law: deviant behaviour modification, consumer protection or social safety net.

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The role of an RP, under Indian Insolvency Law, is similar to that of a private trustee under Chapter 11 of the US Bankruptcy Code.

Any person is eligible to be appointed as an RP, provided he is independent of the corporate debtor and no further eligibility criterions have been prescribed, under Indian Insolvency Law. The same rule also applies for a compulsory composition. In other words, the legal consequences of foreign insolvency orders are in general solely determined by the foreign insolvency law.

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A person on the eve of bankruptcy may enter into transactions or arrangements that are intended to, or that have the effect of, preserving its property from being seized and distributed among creditors. Such transactions may provide a bankrupt with collateral benefits such as the continued use and enjoyment of property, or they may benefit third parties such as members of the bankrupt's family.

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The material deals with both consumer and business bankruptcies and avoids an unremitting political or theoretical perspective.

Coverage includes creditors’ rights and remedies, the first.