Research Handbook on Corporate Restructuring

Edited by Paul J. Omar, INSOL Europe Technical Research Coordinator and Senior Lecturer, De Montfort University, Leicester and Jennifer L.L. Gant, Senior Lecturer in Law, College of Business Law and Social Sciences, University of Derby, UK

Contents:

Preface xii
1 Corporate rescue through the ages 1
Paul J. Omar
PART I NATIONAL AND INTERNATIONAL MODELS FOR RESCUE
2 International organisations and the search for global insolvency standards 17
Gerard McCormack
3 The evolution of corporate rescue in Canada and the United States 40
Jassmine Girgis
4 The idea of rescue and the Chapter 11 model 59
Edward Janger
5 Trust as a turnaround technique to influence the continuity versus asset
recovery decision of restructuring bankers: An empirical tale 73
J A A Adriaanse and J I van der Rest
6 Reforms in adverse economic climates: how reforms take place in the
Eurozone 87
Catarina Serra, Alexandra Kastrinou and Giulia Vallar

PART II STAKEHOLDERS IN INSOLVENCY
7 Involving secured creditors in restructuring proceedings 120
Francisco Garcimartín and Nuria Bermejo
8 Potential liability for directors during corporate restructuring:
comparative perspectives 143
Jason Harris and Anil Hargovan
9 Employees as stakeholders in restructuring and insolvency: acquired
rights and business transfers 166
Jennifer L. L. Gant
10 The position of shareholders in a restructuring 185
Stephan Madaus
11 Consumers, entrepreneurs and insolvency proceedings 201
Tuula Linna

PART III CORPORATE STRUCTURES AND ORGANISATIONAL MODELS
12 Corporate groups 214
Jessica Schmidt
13 Bank insolvency – recovery and resolution 228
Andrew Campbell and Paula Moffatt
14 Making insolvency law responsive to the needs of financially distressed
micro and small enterprises 246
Janis Sarra
15 Franchisees as externalities of insolvent franchisors: a windfall gain for
employees? 261
Jenny Buchan
16 Insolvent partnerships: development of a normative framework based
on a contractual paradigm 278
Rebecca Parry

PART IV SPECIALIST PROCESS ISSUES
17 Insurance procedures in corporate insolvency: a comparison of the
arrangements in the United Kingdom, Australia, and New Zealand 299
Robin Bowley
18 Pension rights and funds 327
David Pollard
19 Patent-rich firms and corporate restructuring: patent signalling,
valuation, and governance 346
Janice Denoncourt
20 The impact of artificial intelligence on insolvency law and practice 377
Christoph Henkel

PART V INSTITUTIONAL SUPPORT
21 The realm of soft law instruments in restructuring and insolvency law 401
Gert-Jan Boon and Bob Wessels
22 Cross-border corporate restructurings, judicial assistance and
judge-made law: New Zealand and Cayman Island experiences 430
Hon Paul Heath QC and Hon Justice Ian Kawaley
23 Corporate insolvency practitioners: ethics and fiduciary duties 447
Lézelle Jacobs

PART VI INTERDISCIPLINARY AND CROSS-FIELDS OF
INSOLVENCY AND RESTRUCTURING
24 Overlooked human rights concerns in the restructuring and insolvency context 466
Chrystin Ondersma
25 The role of social policy in corporate rescue and restructuring: a messy
business 476
Jennifer L L Gant
26 Law and economics of corporate financial difficulty 500
Jonathan Hardman
27 A behavioural law and economics perspective on EU restructuring and
insolvency law 513
Annika Wolf
28 The analytical boundary between corporate reorganisation and sale in
corporate bankruptcy theory 525
Sarah Paterson

Index