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This article focuses on the financial collapse of and the subsequent interplay between material deterioration and maintenance on a flower farm in Naivasha that was placed under receivership in 2014. Our research is based on ethnographic fieldwork conducted by the three authors before, during, and after the farm's collapse. We examine how laid-off workers, current employees, owners, and new management engage in a process we call 'suspending ruination', in which the farm is neither left to collapse nor fully restored to its original state. Maintaining the farm's infrastructure creates a state of suspension characterised by opaque messages of potential – a process reinforced by both the receivers' intent to resell the property, as well as the former employees' anticipation of receiving outstanding compensations. Examining how their practices of caring for what appears to be a 'ruin' uphold the farm as an ambiguous object of capitalist potential, our article complements ongoing research on ruinations, instigated by capitalism's future-making agendas. [ABSTRACT FROM AUTHOR]

Companies across the globe are often started and, at the end of their operations, undergo a legal process identified as winding up. The legal process of starting a business or company differs greatly from the ending or winding-up process. Some common practices identified with closing a business entail compulsory winding up and voluntary winding up based on their jurisdictions. An investigation of some of the nations to be applied in the study include the European Union, the United States, and the United Kingdom of Great Britain. The research will also examine the efficacies associated with the legal processes in these three jurisdictions. The study will explore the legal provisions associated with the Insolvency & Bankruptcy Code and the Companies Act practiced in the European Union. An emphasis on the challenges companies faces when in the winding-up process or insolvency will be highlighted. It will offer an opportunity to navigate the intricacies of insolvency laws alongside their historical evolution. The underlying provisions and principles governing the operations of winding up a company in these three nations will be discussed to offer valuable information for the study. Lastly, the article will tabulate the variations and similarities in the three regimes. [ABSTRACT FROM AUTHOR]

We examine how creditor protection affects firms with different levels of owners' and managers' personal costs of bankruptcy (PCB). Theoretically, we show that firms with high PCB borrow and invest more under a more debtor‐friendly management stay system, whereas firms with low PCB borrow and invest more under a more creditor‐friendly receivership system. Intuitively, stronger creditor protection relaxes financial constraints but reduces credit demand. Which effect dominates depends on owners' and managers' PCB. Empirically, we find support for these predictions using a Korean bankruptcy reform that replaced receivership with management stay. [ABSTRACT FROM AUTHOR]

This article, which is in four parts and is based on the surviving records, consists of two case studies on the responses of one privately owned company (Hogarth Shipping Co. Ltd.) and one public company (Lyle Shipping PLC) to the increasingly difficult operational environment of the post-1960 era confronting British shipping firms dealing with increased international competition, political and economic volatility, and financial pressures. [ABSTRACT FROM AUTHOR]

The purpose of the work is to trace the genesis of the aria typology and its inherent expressiveness of aria singing in its pre- and non-opera existence, comparing relevant materials from the history of the genre in Europe and China. As a methodological basis, we put forward the intonation approach of B. Asafyev's school in Ukraine, as it developed in the works of O. Markova, O. Muravska, Liu Bing Jiang, with emphasis on hermeneutic and stylistic-comparative analysis. The scientific novelty of the study is caused by the historical novelty of emphasising symbolic and religious beginnings in culture and art, which was traditionally ignored in the classical for Europe period of New time, as well as by the fact that, for the first time in Ukrainian and Chinese musicology, about hymnographic and song-chant forming of syncretism are put in logical chain of receivership information, from which an aria was born in the 12th-13th centuries in China and the 15th-16th centuries in Europe, which was later absorbed into the opera at the level of an essential component of the composition. Conclusion. The culture of the aria as a finished expressive quality and arias as a type of singing developed into the spiritual activity in the diametrically opposed cultural formations of China and Europe. They are historically connected by their appearance only in them in the planetary scope of the operatic action by its singing saturation from the beginning to the end of the performance. For China, the concept of forming an aria from the ritual syncretism of a hymnsong-aria is proven. For the European thinking, the awareness of the aria as a derivative of the Byzantine hymnography and liturgical-canto song with vocality inseparable from it was the achievement of musicological developments of the last decades. The adoption of such a concept, developed in the presented work, significantly corrects the “generic emphasis” of the expressiveness of the aria, traditionally considered in the context of the specifics of the operatic action. [ABSTRACT FROM AUTHOR]

The article identifies issues that law practitioners must understand when seeking to resolve distressed agricultural loans in Missouri. Issues discussed are loan life including deeds of trust and Uniform Commercial Code (UCC) financing statements, as well as government payments, crop insurance and other federal liens, farm-related personal property, farm foreclosures, farm receiverships, intercreditor conflicts and chapter 12 farm bankruptcies.

The article discusses the provisions of the new Commercial Real Estate Receivership Act in Florida. Other topics include the duty of a receiver in the management of properties involved in litigation, the state's use of the U.S. federal Uniform Commercial Real Estate Receivership Act as basis for the new law, and the use of the general principle of contracts in the state.

Faced with the dual threats of a federal receivership and a growing deficit of federal appropriations, in 2018, New York City Mayor Bill DeBlasio enrolled the New York City Housing Authority ("NYCHA") into the Permanent Affordability Commitment Together ("PACT"). PACT would allow NYCHA to convert its federal Section 9 funding streams into federal Section 8 vouchers andpermit the local public housing authority to enter public-private partnerships with private developers. This move would infuse NYCHA with an additional $12.8 billion in funding to counteract its roughly $31.8 billion deficit. However, immediately after the mayor unveiled his plans to pursue PACT, tenant advocates and residents vocalized their concerns that the program would completely privatize NYCHA, dramatically reduce its affordability, and ultimately lead to resident displacement. This Note responds to popular anxiety over NYCHA's future and evaluates PACT's likelihood of meeting its stated objectives by using the six-prong "success factor" test derived from public management and engineering literature on public-private partnerships ("P3s"). This Note finds that PACT possesses most of the infrastructure industry's leading success factors for P3s and does more to shore up NYCHA's future viability than to jeopardize it. However, it identifies two vulnerabilities: (1) moderate Section 8 subsidy interruption risk; and (2) moderate tenant and local elected official opposition. This Note offers two recommendations to strengthen the program: (1) creation of municipal capital and operational reserve funds for each converted NYCHA development and (2) a scaling of the Chelsea Working Group model across all converted developments to ensure added resident and local representative engagement. Together, these recommendations will reduce resident displacement risk and increase the likelihood that NYCHA tenants will capture greater shares of the city and state budget to further stave off the authority's future obsolescence. [ABSTRACT FROM AUTHOR]

Risk plan is among the personal, group or ethical responsibilities of every mankind, be one for the life, body, property or business against unpredicted catastrophe. It is a common phenomenon today that, the risk plan is adopted with effective measure in every environment of the sound world, be one mandatory or directory. Under the Shari'ah principles the risk plan is designed as takaful (Islamic insurance) scheme to provide security against an unpredicted risk. The Crypto asset is no exception in exposing unpredicted risks, be one against the user or the receiver due to the technical failure, capital risk or malpractices. In Islamic alternative model of Crypto-asset, the takaful is the solution to its risk plan as discussed in the following chapter. An attempt is made in this chapter to analyze the Shari'ah alternative of risk management, which may also facilitate an effective risk management of Crypto-asset. [ABSTRACT FROM AUTHOR]

For effective recovery of qualified assets, receivership is not releasership--the improper disposition of recovered assets. Disposition of assets being the technical terminology utilized by asset recovery and insolvency practitioners to motion the court to release recovered assets held in their custody. According to the IMF, insolvency practitioner overreach has become macro-critical to the stability of the global financial system. Anti-money laundering, countering the financing of terrorism, preventative measures and the proceeds of crime acts, 2003 and 2009 for the common law legal system and 2005 for the civil law legal system under pinning AML-CFT international cooperation could have become captured for personal purposes by the participants in the very network groups involved in its creation. Investigating the relationship through the lens of Operation Rotten Tomato, the case studying conversion, through Chapter 11 Bankruptcy, of property qualified for recovery based on suspicion or reasonable grounds to suspect unproven wrongdoing. Implementation of the United Nations Convention Against Corruption a systemic experimentation in public policy failure, information asymmetry and principal agent problems. [ABSTRACT FROM AUTHOR]

Significant upgrades to the Rapid Air Movement (RAM) Drill were developed and tested by the US Ice Drilling Program in 2016 through 2020 for the U.S. National Science Foundation. The design of the system leverages the existing infrastructure of the RAM Drill with the goal of greatly reducing the logistical burden of deploying the drill while maintaining the ability to drill an access hole in firn and ice to 100m in 40 min or less. In this paper, characteristics of the drill are described, along with a description of the drill performance during the testing at Raven Camp in Greenland and at WAIS Divide Camp in Antarctica. [ABSTRACT FROM AUTHOR]

The Autonomous Pinger Unit (APU) is an electro-thermal drill with acoustic instrumentation developed for the project EnEx-RANGE in view of a future space mission for the sub-surface exploration of Saturn's moon Enceladus. A main goal is the development of navigation technology for an acoustic guidance system allowing maneuvering a probe through glacial ice. In total 13 APUs were built and tested in terrestrial analog scenarios on alpine glaciers. The APUs form a spatially distributed network that defines a system of reference for the navigation of the maneuverable probe to a point of interest. The APUs have a novel melting head, slow control systems, and a modern system-on-chip (SoC) module that controls the probe and processes the recorded data. The APUs use acoustic emitters and receivers to measure the transit time of acoustic signals between them, allowing for the position reconstruction of all APUs by trilateration. Several auxiliary sensors monitor the internal state of the probe and assist the position estimation. With this instrumentation, the APUs have the ability of dynamically optimizing themselves within the network by changing their position. This paper gives an overview of the developed APU hardware and presents performance results from the field tests. [ABSTRACT FROM AUTHOR]

Prior to death, Decedent created an LLC to own real property, in which Decedent held a majority interest. Decedent passed in 2010, with minimal assets other than those held by the LLC. The appointed Executor accrued large fiduciary and legal fees, in part due to extensive litigation with one of Decedent's heirs. Executor sought to dissolve the LLC in order to pay the Estate's growing debts, including the legal fees owed to the Executor. While litigation proceeded on that matter, the real property owned by the LLC went into receivership. Executor was appointed Receiver for the real property and accrued even larger legal fees, many of which were owed to himself. The Superior Court found many of those fees grossly excessive. After years of litigation, the Estate was still open, the real property was unsold making it the largest debtor in unpaid property taxes in Westport, the primary heir was owed a significant sum by the Estate, and another heir lost the family's business. The Court was asked to address whether the Executor acted appropriately in his duties, and to determine if the fees accrued were appropriate. The Court found that many of the Executor's actions were not always in tile best interest of the Estate and its beneficiaries. The Court further found that when a lawyer acts as executor, he or she should not automatically be able to charge the same hourly rate as executor that he or she would charge as a lawyer. The Court adjusted Executor fees accordingly. [ABSTRACT FROM AUTHOR]

At the present stage, bankruptcy proceedings in Ukraine are regulated by the Code of Ukraine for Bankruptcy Proceedings (CBP) which is in effect since October 21, 2019. This is a huge and progressive step in the development of bankruptcy proceedings or receivership proceedings in our country. At the same time, the CBP application practice has revealed a number of clerical errors, conflicts and gaps which law enforcement agencies have to overcome today. From this perspective, it is important to note that CBP provisions apply to bankruptcy proceedings commenced after as well as before the Code's entry into force. And one of the key issues is still the application of the provisions of economic procedure legislation in implementing bankruptcy proceedings. This article aims at highlighting the issues which pertain to the application of economic procedure rules in bankruptcy (insolvency) proceedings. The authors have identified a conflict in the application of the provisions of the Ukrainian Code of Economic Procedure (Ukrainian CEP) with regard to insolvency cases of individuals. It is noted that when the court conducts main proceedings in a bankruptcy case, the provision for dealing with such cases under the ordinary litigation rules does not apply given the specifics of bankruptcy proceedings. The article analyzes appeals against court decisions in the bankruptcy proceedings. Based on the results of the study, the authors come to the conclusion about current references in Ukrainian CEP to the invalid Bankruptcy Law which create conflicts for the courts; the ordinary litigation rules prescribed by Ukrainian CEP are absolutely unsuitable for bankruptcy proceedings and in practice the courts do not apply them at all; Ukrainian CEP articles on leaving without action or dismissing the request for commencement of bankruptcy proceedings have nothing to do with the shortcomings of the request as such and do not allow applying the relevant provisions of Ukrainian CEP in these cases; extended application of the general provisions of Ukrainian CEP without due regard for the specifics of bankruptcy proceedings for resolving property disputes within a bankruptcy case may block the bankruptcy proceedings as such; clear conditions should be established for commencement of bankruptcy proceedings linking them to stable insolvency of debtor; there is a need to reduce the number of court decisions subject to appeal in bankruptcy proceedings through procedural acts adopted in respect of minor and organizational issues. [ABSTRACT FROM AUTHOR]

In this article, we explore diverse forms of receivership in order to demonstrate the extent of the continued or potential utility of this institution in UK Corporate Law. We do this by placing the historical origins of receivership alongside its contemporary manifestations in both solvent and insolvent scenarios. In so doing, we present a nuanced picture of receivership as a process that, in specie and – by reference to outcomes in other corporate insolvency law procedures – in substance, continues to provide protection for creditors (and other stakeholders) in modern commercial transactions. [ABSTRACT FROM AUTHOR]

In this portrait, Simone A. Fried investigates the first six months of a state education department's takeover of a public school district. Using interviews, observations, and artifact analysis, the article explores how school district employees experience the significant reorganization of governance structures and policies that accompanies receivership, illustrating the challenges of managing the "human side" of reform, particularly during the chaotic initial period of a new initiative. The portrait highlights a tension inherent to takeover policy: the state's dual role in providing both support and sanction generates fear and uncertainty in the very communities where they must also build trust, vision, and motivation for change. [ABSTRACT FROM AUTHOR]

DyStar, a textile company, has clarified misconceptions regarding the recent appointment of receivers over the enbloc sale of its shares. The appointment of receivers is solely for the purpose of facilitating the sale and does not affect the company's ongoing business operations. DyStar is in a strong financial position, with no shortage of funds and no dependence on external borrowing. The decision to pursue the sale is due to Senda's inability to afford the buyout of Kiri's shares and does not indicate any financial challenges within DyStar itself. The company remains committed to transparency and serving its customers with dedication and quality. [Extracted from the article]