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Statutory Priorities in Corporate Insolvency Law: An Analysis of Preferred Creditor Status: Markets and the Law

Autor Christopher F. Symes
en Limba Engleză Paperback – 9 sep 2016
Who enjoys statutory preferred creditor status? What justifications exist for jurisdictions to maintain statutes that favour 'priority' creditors over other creditors and contributories? This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, Statutory Priorities in Corporate Insolvency Law includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status. As well as examining the traditional major categories of priorities, this work also identifies potential new categories for priority status such as environmental clean-up costs, international creditors, tort claimants and consumers among other non-consensual creditors. While the study focuses on Australian corporate insolvency law, where appropriate, comparisons are made with other common law jurisdictions, particularly the UK, Canada, New Zealand and the US.
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Specificații

ISBN-13: 9781138275034
ISBN-10: 1138275034
Pagini: 316
Dimensiuni: 156 x 234 mm
Greutate: 0.45 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Seria Markets and the Law

Locul publicării:Oxford, United Kingdom

Cuprins

Contents: Preface; Introducing statutory priorities in corporate solvency; The evolution of statutory priorities; Theoretical perspectives and visions for statutory priorities; The statutory priority of administrative expenses: a matter of rent, requisite expenses and administrator remuneration; Employees as priority creditors: still the focus of attention after 180 years of statutory protection; Government debt and taxation as a statutory priority; Can a new statutory priority for environmental expenses be justified?; Consumer prepayments and reward schemes: could these be the next statutory priorities?; Musing on other possibilities for statutory priorities; The justification of statutory priorities as a keystone to further research and action; Bibliography; Index.

Notă biografică

Christopher F Symes is Associate Professor, Flinders University School of Law, Adelaide, Australia. He teaches corporate and commercial law. He is author of Bankruptcy Law (2004) for Thomsons. He is a barrister and solicitor in the High Court of Australia and is a member of the Law Council of Australia's Insolvency and Reconstruction subcommittee.

Recenzii

'Overall, Statutory Priorities in Corporate Insolvency Law: An Analysis of Preferred Creditor Status is a useful and instructive book for those interested in insolvency law. It provides easy to understand information for those new to the area, as well as some depth for the more experienced.' Helen Anderson, University of Melbourne, Australia

Descriere

This book examines preferential debts derived from specific legislative provisions applying to corporate insolvency. In exploring the concept of preferential treatment, the book includes chapters that provide a doctrinal, theoretical and historical analysis of who enjoys preferred creditor status.