Insolvency Law


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Insolvency Law



Insolvency Law Firms
Insolvency Law helps protect consumers and businesses when they find themselves in a situation where they are unable to pay their debts when due. Closely linked to Bankruptcy Law you can find more information regarding this matter on our Bankruptcy Law page.

Insolvency Law - US

  • ABA - Bankruptcy and Insolvency Litigation

    The Section of Litigation, the largest specialty section of the American Bar Association, is dedicated to helping litigators become more effective advocates for their clients. The Section is a legal publisher, a provider of CLE programming, a source of news and analysis, and a strong national voice in discussions concerning the profession. Simply put, the Section helps lawyers be better lawyers.

  • Fair Debt Collection Practices Act

    The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is a United States statute added in 1978 as Title VIII of the Consumer Credit Protection Act. Its purposes are to eliminate abusive practices in the collection of consumer debts, to promote fair debt collection, and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. The Act creates guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes penalties and remedies for violations of the Act.

  • Insolvency - Definition

    Insolvency means the inability to pay one's debts as they fall due. Usually used to refer to a business, insolvency refers to the inability of a company to pay off its debts. Business insolvency is defined in two different ways: Cash flow insolvency Unable to pay debts as they fall due. Balance sheet insolvency Having negative net assets – in other words, liabilities exceed assets.

  • Model Law on Cross-Border Insolvency - Chapter 15 of the US Bankruptcy Code

    Chapter 15 is a new chapter added to the Bankruptcy Code by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. It is the U.S. domestic adoption of the Model Law on Cross-Border Insolvency promulgated by the United Nations Commission on International Trade Law ("UNCITRAL") in 1997, and it replaces section 304 of the Bankruptcy Code. Because of the UNCITRAL source for chapter 15, the U.S. interpretation must be coordinated with the interpretation given by other countries that have adopted it as internal law to promote a uniform and coordinated legal regime for cross-border insolvency cases.

  • Uniform Commercial Code - Insolvency

    Under the Uniform Commercial Code, a person is considered to be insolvent when the party has ceased to pay its debts in the ordinary course of business, or cannot pay its debts as they become due, or is insolvent within the meaning of the Bankruptcy Code. This is important because certain rights under the code may be invoked against an insolvent party which are otherwise unavailable.

  • United States Federal Courts - Bankruptcy

    Bankruptcy laws help people who can no longer pay their creditors get a fresh start – by liquidating assets to pay their debts or by creating a repayment plan. Bankruptcy laws also protect troubled businesses and provide for orderly distributions to business creditors through reorganization or liquidation.

Organizations Related to Insolvency Law

  • American Bankruptcy Institute

    The American Bankruptcy Institute is the largest multi-disciplinary, non-partisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues.

  • Association of Insolvency and Restructuring Advisors

    AIRA is a nationwide not-for-profit organization serving the needs of business turnaround, restructuring and bankruptcy practitioners, recognized as the leading organization in its field. Membership consists of accountants, financial advisors, attorneys, workout consultants, trustees, and others involved in insolvency, and bankruptcy matters. The AIRA seeks to foster an understanding of the insolvency, reorganization and business turnaround practice, ato sponsor relevant education programs and to administer the Certified Insolvency and Restructuring Advisor (CIRA) and the Certification in Distressed Business Valuation (CDBV) programs in order to recognize professionals for their excellence in specialized services.

  • FTC - Bureau of Consumer Protection

    The Federal Trade Commission is the nation's consumer protection agency. The FTC's Bureau of Consumer Protection works For The Consumer to prevent fraud, deception, and unfair business practices in the marketplace. The Bureau: * Enhances consumer confidence by enforcing federal laws that protect consumers * Empowers consumers with free information to help them exercise their rights and spot and avoid fraud and deception * Wants to hear from consumers who want to get information or file a complaint about fraud or identity theft.

  • Global Insolvency

    Global Insolvency is a joint project of the American Bankruptcy Institute and INSOL International. It serves as a comprehensive source of information both on current issues in international insolvency and restructuring law and on the legal framework for insolvency and restructuring around the world. The site features daily news headlines on insolvency developments around the globe. From current commentary and recent filings to international protocols and bankruptcy statutes to advice on cross-border lending, the GLOBAL INSOLvency site offers a range of information for insolvency practitioners, judges, accountants, trustees and others.

  • International Association of Insolvency Regulators (IAIR) - US Division

    The International Association of Insolvency Regulators (IAIR) is an international body that brings together the collective experiences and expertise of government insolvency regulators from jurisdictions around the world. IAIR members have a unique perspective given the role that they play in insolvency systems.

  • International Association of Restructuring, Insolvency and Bankruptcy Professionals

    INSOL International is a world-wide federation of national associations for accountants and lawyers who specialise in turnaround and insolvency. There are currently 40 Member Associations world-wide with over 10,000 professionals participating as Members of INSOL International.

  • National Association of Credit Management

    NACM® was founded in 1896 to promote good laws for sound credit, protect businesses against fraudulent debtors, improve the interchange of credit information, develop better credit practices and methods, and establish a code of ethics.

Publications Related to Insolvency Law

  • ABI Guide to Cross-border Insolvency in the United States

    This Guide is a must-read for any practitioner involved in international insolvency issues. The authors address the history of the UNCITRAL Model Law on Cross-border Insolvency, which the United Nations Commission on International Trade Law adopted in 1997 after five years of meetings and discussion. Thirteen states have now adopted this law, which includes the United States' adoption of chapter 15 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. For those involved in the evolving new world of chapter 15 law, this publication provides the necessary overview to understanding the law in practice.

  • ABI Journal

    The ABI Journal is the flagship publication of the American Bankruptcy Institute. This periodical is published 10 times a year, with combined issues for July/August and December/January. Established in 1982, the Journal covers the entire range of insolvency issues, featuring timely articles written by some of the most knowledgeable professionals in the field.

  • US Treasury - Principles and Guidelines for Effective Insolvency and Creditor Rights Systems

    An effective insolvency system, applied in a predictable manner, is important to the health of a country and the functioning of its financial system, serving to make the risks and consequences of a failure of a corporate entity easier to quantify for all parties involved. By introducing a measure of certainty into insolvency outcomes, effective insolvency regimes enable lenders to more accurately assess risk.

Articles on HG.org Related to Insolvency Law

  • Reaffirmation Agreements
    A Chapter 7 bankruptcy debtor must state an intention to retain or surrender personal property. Personal property may be a car. After the passage of the Bankruptcy Abuse Prevention Consumer Protection Act (BAPCPA) in 2005, the options available to the debtor desiring to keep an asset was restricted.
  • After a Bankruptcy Discharge
    A person can rebuild credit after a bankruptcy discharge by creating a savings plan. Like quitting difficult habits, getting back to financial health does not happen overnight. Open a savings account and try to save a portion of your monthly net income, income from your second job, or your bonuses.
  • The Sanctions of Bad Check under the Light of Regulations Brought by the Turkish Law Numbered 6273
    “The Act to Amend of Check Law” numbered 6273, accepted on the date of 31.01.2012 by the Grand National Assembly of Turkey has been entered into force by publishing in the Official Gazette numbered 28093 and dated 03.02.2012. This Law brought radical amendments with respect to check which is one of the most important and vital payment instrument of the commercial life. The prison sentence concerning bad check has been abolished.
  • How Does Recent Bankruptcy Reform Affect Me?
    With so many American individuals and businesses filing for bankruptcy in the recent years, abuse and fraud have become rampant. To curb such abuse, bankruptcy reform laws have recently been enacted, placing restrictions on many Americans. In 2005 the United States Congress passed a new legislative act concerning U.S. bankruptcy law. This new act is called the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA).
  • What is a "Joint Petition" in Bankruptcy?
    What is meant by a joint petition when dealing with a bankruptcy? Description of filing a joint bankruptcy and advice on when to use a joint petition while filing chapter 7 or chapter 13 bankruptcy. What is a “Joint Petition” when the topic is filing for chapter 7 or chapter 13 bankruptcy? A joint petition in bankruptcy is the filing of one single bankruptcy petition by an individual and his or her spouse.
  • New York Bankruptcy Basic Series: What are the Basic Steps?
    A knowledgeable bankruptcy attorney is expert not only in the federal bankruptcy laws, but also in the laws that are specific to the filing of bankruptcies in your particular state. Rather than look at bankruptcy as a frightening and daunting process, you should understand that your right to seek bankruptcy protection is granted to you by the United States Constitution.
  • Equal Credit Opportunity Act
    Read more about one of the laws that protects you from credit discrimination. Enacted into law in 1974, the Equal Credit Opportunity Act was a way to protect individuals from discrimination by creditors. A creditor is any individual or business to whom money is owed. For example, if you take out a loan with a particular bank, that bank has become your creditor. Creditors do have the choice to accept or reject individuals from taking out lines of credit with them.
  • Will Filing Bankruptcy Affect Your Tax Refund?
    One frequent topic of discussion this time of year is the way bankruptcy will affect tax refunds. Some people assume that all future refunds may somehow be set off against what they owe; others assume that the government may keep it for some period of time. It is important to make sure that you know what can happen to a tax refund, both to minimize the impact, and so you can plan accordingly.
  • Are You a Candidate for an Individual Chapter 11 Bankruptcy?
    Chapter 11 bankruptcy is not just for large corporations; individuals can also file Chapter 11 to achieve freedom from overwhelming debt. If an individual can afford the legal fees, a Chapter 11 bankruptcy offers many advantages over a Chapter 13.
  • Avoiding Debt Settlement Scams with a Bankruptcy Attorney Seattle
    If you are drowning in debt, often the best and only real solution to your problem is to file bankruptcy with the help of a bankruptcy attorney Seattle. While you may be offered other "solutions," by companies who promise to make your debt problems go away, unfortunately you will often find yourself in a much worse position if you take advantage of these offers than you would be if you just got help from a bankruptcy attorney Seattle and filed bankruptcy in the first place.
  • All Debtor and Creditor Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Debtor and Creditor including: bankruptcy, collections, credit and mortgage, debt recovery and insolvency.

Debtor and Creditor Law Attorneys