Legal and Ethical Standards in Corporate Insolvency

Offering an empirical study together with a comparative analysis of the experiences of practitioners around the world, this book facilitates a greater understanding of corporate insolvency practice, confronting a misunderstanding of, and under-confidence in, corporate insolvency practitioners.

Recent financial crisis and the global financial impacts of the COVID-19 pandemic have brought renewed interest to the regulation and practice of corporate insolvency and restructuring.Modernisation of the insolvency profession, and the regulation of its practitioners, is a contemporary concern and recent years have seen significant reforms of insolvency law. The success of such reforms can be enhanced through a clear understanding of difficulties faced by the insolvency profession in achieving successful restructuring and insolvency outcomes and through the determination of effective solutions to those difficulties. However, there is limited empirical data to inform the day-to-day practice of insolvency, nor the difficulties experienced by insolvency practitioners in pursing insolvency and restructuring solutions. This book addresses this absence of data and understanding, examining the role and practice of corporate insolvency practitioners and exploring the challenges that they encounter.Offering an empirical study together with a comparative analysis of the experiences of practitioners around the world, this book facilitates a greater understanding of corporate insolvency practice, confronting a misunderstanding of, and under-confidence in, corporate insolvency practitioners, making it key reading for academics, practitioners and regulators working in the area of corporate insolvency.

Autorentext

Elizabeth Streten is a lecturer at the Queensland University of Technology, where she obtained her LL.B with honours, LL.M and Ph.D. Prior to her academic career, Elizabeth practiced as a lawyer in Australia, specialising in commercial litigation and insolvency for over a decade. Elizabeth is an active member of INSOL International: being sub-committee member of the INSOL Early Researcher Academic Group and chair of the INSOL Student Newsletter Editorial Committee. Elizabeth's research interests include the theoretical underpinnings of insolvency law and cross-border insolvency, and the regulation of insolvency practitioners.

Inhalt

Foreword by Rosalind Mason

1. Introduction

2. Theoretical Considerations

3. A Common Law Comparison: A Survey of Common Issues

4. Lessons from Australia: Parameters of Empirical Examination

5. Australian Corporate Insolvency: Practitioner Perspectives

6. A Profession in Crisis? : Fundamental Conflicts in Micro and Macro Professional Identity

7. Conclusion: Future Directions for Corporate Insolvency Regulation