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Reinventing Bankruptcy Law : A History of the Companies’ Creditors Arrangement Act / Virginia Torrie.

By: Material type: TextTextPublisher: Toronto : University of Toronto Press, [2020]Copyright date: 2020Description: 1 online resource (312 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9781487506421
  • 9781487534127
Subject(s): DDC classification:
  • 346.7107/8 23
LOC classification:
  • KE1518.C6 T67 2020
  • KE1518.C6 T67 2020
Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Contents -- Figures and Table -- Foreword -- Acknowledgments -- Abbreviations -- 1. Historical Institutionalism and the Recursivity of Law -- PART ONE. Traditions and Emerging Practices, 1920s–1950s -- 2. Corporate Restructuring as a Bondholder Remedy -- 3. Enshrining a Bondholder Remedy in Federal Legislation -- 4. Constitutional References and Changing Conceptions of Federalism, 1934–1937 -- 5. Efforts to Repeal the Companies’ Creditors Arrangement Act, 1938–1953 -- PART TWO. Transforming CCAA Law, 1970s–2000s -- 6. New Lenders, New Forms of Lending, and Stalled Bankruptcy Reforms, 1970s–1980s -- 7. Purposive Interpretation and Pro-Active Judging, 1980s–1990s -- 8. Judicial Sanction of Tactical Devices -- 9. Formalizing a Modern Debtor-in- Possession Restructuring Narrative -- 10. Conclusion -- Appendices -- Notes -- Bibliography -- Index
Summary: Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9781487534127

Frontmatter -- Contents -- Figures and Table -- Foreword -- Acknowledgments -- Abbreviations -- 1. Historical Institutionalism and the Recursivity of Law -- PART ONE. Traditions and Emerging Practices, 1920s–1950s -- 2. Corporate Restructuring as a Bondholder Remedy -- 3. Enshrining a Bondholder Remedy in Federal Legislation -- 4. Constitutional References and Changing Conceptions of Federalism, 1934–1937 -- 5. Efforts to Repeal the Companies’ Creditors Arrangement Act, 1938–1953 -- PART TWO. Transforming CCAA Law, 1970s–2000s -- 6. New Lenders, New Forms of Lending, and Stalled Bankruptcy Reforms, 1970s–1980s -- 7. Purposive Interpretation and Pro-Active Judging, 1980s–1990s -- 8. Judicial Sanction of Tactical Devices -- 9. Formalizing a Modern Debtor-in- Possession Restructuring Narrative -- 10. Conclusion -- Appendices -- Notes -- Bibliography -- Index

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Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 19. Oct 2024)