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This timely work evaluates the law regarding pre-insolvency proceedings, and in particular, the terms of the 2017 EU Directive. Setting the law in context, the text provides a conceptual framework for ideal practice, illustrating the implications of the new regime with specific practical examples.
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This book is intended to provide a middle road between the basic student text and the heavy practitioner's manual. It covers all aspects of insolvency, including both corporate and private bankruptcy together with the alternative routes to the insolvency process. The book aims to give not only a view of the complex legal issues met with in the field of business, but also addresses the practical alternatives open to insolvent debtors and creditors. Includes a new addendum to take into account the effects of the recent Insolvency and Enterprise Acts.
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"This comprehensive text provides an exhaustive analysis and discussion of every aspect of bankruptcy law, including an overview of bankruptcy; invoking bankruptcy relief (with a very detailed explanation of the means test); the automatic stay; jurisdiction and procedure; property of the estate; trustee's avoiding powers; payment of claims; executory contracts and unexpired leases; exemptions; discharge; reorganization under Chapter 11; debt adjustments under Chapter 13; debt adjustments under Chapter 12; and cross-border cases under Chapter 15. The 2005 BAPCPA amendments and the extensive case law thereunder are explained and critiqued. All legislation through the spring of 2020 is discussed, including the 2019 SBRA and the 2020 CARES Act. All relevant Supreme Court cases through the 2020 Term are discussed in depth"--Provided by the publisher.
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