Creditor rights and the public interest : restructuring insolvent corporations /
Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of th...
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| Format: | Electronic eBook |
| Language: | English |
| Published: |
Toronto, Ont. :
University of Toronto Press,
©2003.
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| Subjects: | |
| Online Access: | CONNECT CONNECT CONNECT |
Table of Contents:
- Contents
- Acknowledgments
- Introduction
- 1 The Existing Regime for Restructuring Insolvent Corporations
- Origins of the Canadian Restructuring Regime
- Overview of the Canadian Insolvency Restructuring Regime
- Proposals under the BIA
- Plans of Arrangement or Compromise under the CCAA
- Challenges Posed by Judicial Oversight of the CCAA
- 2 Current Theoretical Approaches to Insolvency Law
- Market Theory Approaches to Insolvency
- Debt Collection Theory
- Rehabilitation Theory
- Enterprise Theory in the Governance of Insolvent Corporations
- Effective Corporate Governance in the Turnaround of the Insolvent FirmAchieving the Policy Objectives
- Measuring the Effectiveness of the Policy Instruments
- 3 Proposing a Conceptual Framework for Reconciling Stakeholder Interests
- The Convergence and Divergence of Stakeholder Interest
- Public Policy Recognition of the Value of Workout Schemes
- Workers as Equitable Investors with Enhanced Decision Rights
- Assigning a Value to Human Capital Investments
- Participation and Decision Rights That Flow from Valuing Equitable Claims
- Negotiating Outcomes to Protect Investments and Create Future ValueAn Expanded Definition of Stakeholders
- The State
- Local Trade Suppliers
- Tort Claimants
- The Nature of Community and Other Stakeholder Interest
- Alternative Strategies for Recognition of Equitable Interests
- Enterprise Value Maximization as a Substantive Objective of Insolvency Law
- Directors to Act in the Best Interests of the Corporation Having Regard to the Investments of All Stakeholders
- Principles for Reconciling Traditional Creditors' Rights with the Public Interest
- The Role of the Judiciary in Reconciling Differences4 Judicial Discretion under the CCAA
- Judicial Recognition of the Public Interest
- Purposive Interpretation or Judicial Overreach?
- Use of the Stay Process to Recognize Diverse Interests
- Debtor-in-Possession Financing
- Definition of Classes as a Tool to Facilitate Restructuring
- The Sanctioning of the Plan of Arrangement or Compromise
- Ontario's Case-Managed System: Effective Judicial Oversight of Restructuring
- Court-Appointed Officers and the Governance of Insolvent Corporations
- The Monitor
- ""Chief Restructuring Officers""""Med-Chem and the Governance Role of Insolvency Professionals""; ""5 Algoma Steel Corporation: Recognition of Human Capital Investments""; ""The 1991�2 CCAA Restructuring of Algoma""; ""Court Ordered Mediation as a Key Element in the 1991�2 Restructuring""; ""Co-determination as an Integral Part of the Restructuring Plan""; ""Recognition of Community as Stakeholder in the 1991�2 CCAA Proceeding""; ""The 2001 CCAA Application of Algoma Steel Corporation""; ""The 2001 Plan of Arrangement and Reorganization""
