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Full-Text Articles in Law
The Measure Of A Monitor's Role, Alejandro E. Gonzalez
The Measure Of A Monitor's Role, Alejandro E. Gonzalez
Electronic Thesis and Dissertation Repository
This study examines the monitor, a court-appointed officer under the Companies’ Creditors Arrangement Act, in order to determine whether and how to best secure its independence. Concerns over the role are increasingly over whether it can maintain its supposed impartiality and avoid conflicts of interest. This study centers on its fiduciary duty, long discussed in the courts, as both problematic because it is not conclusively defined, and as the best means of establishing the monitor as a fair and impartial guardian of public confidence in Canadian insolvency law. By examining leading insolvency law theories, international and Canadian insolvency policy, and …
Protection Of The Rights Of The Creditors And The Debtor In The Process Of Financial Reorganization And Structuring Of Troubled Companies: A Comparative Study On The 2016 Uae Bankruptcy Law, French And American Legislations, Alaa Khasawneh
UAEU Law Journal
This study deals with the protection of creditors and the debtor in accordance with the methods of saving and assisting troubled companies approved by the UAE Act of bankruptcy of 2016, as the legislator of the UAE in this law aimed to solve the difficulties faced by troubled companies and to protect them from bankruptcy and its negative consequences, This means raises problems about the extent of the protection afforded to the creditors compared to that afforded to the interests of the debtor, where legislator treated it with special care and subjected to special procedures differ from bankruptcy proceedings, and …
Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr.
Bankruptcy For Banks: A Tribute (And Little Plea) To Jay Westbrook, David A. Skeel Jr.
All Faculty Scholarship
In this brief essay, to be included in a book celebrating the work of Jay Westbrook, I begin by surveying Jay’s wide-ranging contributions to bankruptcy scholarship. Jay’s functional analysis has had a profound effect on scholars’ understanding of key issues in domestic bankruptcy law, and Jay has been the leading scholarly figure on cross-border insolvency. After surveying Jay’s influence, I turn to the topic at hand: a proposed reform that would facilitate the use of bankruptcy to resolve the financial distress of large financial institutions. Jay has been a strong critic of this legislation, arguing that financial institutions need to …