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Record W3191786494 · doi:10.4337/9781786437471.00011

The evolution of corporate rescue in Canada and the United States

2021· book-chapter· en· W3191786494 on OpenAlexaboutno aff
Jassmine Girgis

Bibliographic record

VenueEdward Elgar Publishing eBooks · 2021
Typebook-chapter
Languageen
FieldBusiness, Management and Accounting
TopicCorporate Insolvency and Governance
Canadian institutionsnot available
Fundersnot available
KeywordsBankruptcyRestructuringReceivershipLegislationCreditorDebtorBusinessContext (archaeology)InsolvencyStatuteArrearsMarket economyFinanceDebtPolitical scienceEconomicsLaw

Abstract

fetched live from OpenAlex

In Canada and the United States corporate rescue looks different today than it did when it was first conceived. The timing and specific circumstances surrounding the governing legislation’s enactment were different in Canada than they were in the US, but the underlying concepts and goals within the broader context of bankruptcy legislation were the same: both countries foresaw a proceeding that would rehabilitate and restructure corporations in financial distress, allowing them to re-emerge as fully functioning financial entities. Saving companies would avoid the profound effects of business failure on directly impacted stakeholders, as well as the wider-reaching effects on the surrounding communities; it would protect investments, preserve jobs, maintain the supplier and customer base, and prevent the wider impact of business failure on society. This paper explores the evolution of corporate rescue in Canada and the US. Initially, there was much support for traditional restructuring, but the tide eventually turned against it for being slow, expensive and cumbersome. At the same time, globalization and changes in technology, firm assets, the economy and financial instruments, were modifying the ways companies operated and did business with each other and with the community. The combination of these factors led to the emergence of a different process, one that liquidated debtor companies or merged them with other companies, instead of rescuing them through traditional restructuring proceedings. This paper considers the emergence of liquidation proceedings, which did not occur under bankruptcy or receivership regimes, but under the statutes that governed traditional restructurings. It examines the factors that led to this process, and its impact on the public interest goals of the legislation. Finally, it contemplates the way forward for each country, whether that involves abandoning the bankruptcy forum in favour of non-bankruptcy legislation and private contracts, or reconceptualizing the goals to align with current practices.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScholarly communication
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.819
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0010.001
Open science0.0010.000
Research integrity0.0000.001
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.017
GPT teacher head0.172
Teacher spread0.155 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

Study designTheoretical or conceptual
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2021
Admission routes1
Has abstractyes

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