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Author: Gerard McCormack Publisher: Edward Elgar Publishing ISBN: 1789908817 Category : Law Languages : en Pages : 319
Book Description
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Author: Gerard McCormack Publisher: Edward Elgar Publishing ISBN: 1789908817 Category : Law Languages : en Pages : 319
Book Description
This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Author: Christoph G Paulus Publisher: Beck/Hart/Nomos ISBN: 9781509938810 Category : Law Languages : en Pages : 512
Book Description
The European Directive (Directive (EU) 2019/1023 of the European Parliament and of the Council of 20 June 2020 on preventive restructuring frameworks, on discharge of debts and disqualification, and on measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt) has to be transposed into national legislation by 26 June 2021. The main features of the Directive are: - the obligatory making available of early warning systems; - the obligatory creation of an insolvency avoidance mechanism; - the determination of certain insolvency related officers' duties; - the uniformisation of discharge rules among member states; and - measures to increase the national insolvency laws' efficiency In this book a team of European-wide recognised, experienced insolvency law experts, some of whom had been involved in the drafting process of the Directive, analyse the Directive. The authors focus not only on the officials tasked in the national surroundings with drafting the national statutes but also on the wider implications which, one way or the other, will be national law. The commentary, thus, serves also the purposes of practitioners and judges in the field of restructuring.
Author: Irene Lynch Fannon Publisher: Edward Elgar Publishing ISBN: 9781800887855 Category : Languages : en Pages : 384
Book Description
Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework. Building on existing research, this book analyses the EU Directive (2019) harmonising 'preventive restructuring' law in all member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes. Critically considering the legal initiatives affecting business rescue within broader EU legal context, this book will be an insightful read for EU policy makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book.
Author: Thomas Papadopoulos Publisher: Springer Nature ISBN: 3030227537 Category : Law Languages : en Pages : 511
Book Description
This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
Author: Gerard McCormack Publisher: ISBN: 9781780683171 Category : Bankruptcy Languages : en Pages : 0
Book Description
A comparative analysis of security rights in insolvency proceedings under the main legal traditions of the European Union (common law, Germanic, Napoleonic Code and East European) in the context of Articles 5 and 13 of the European Insolvency Regulation Regulation 1346/2000.
Author: Jason Chuah Publisher: Edward Elgar Publishing ISBN: 178811552X Category : Bankruptcy Languages : en Pages : 646
Book Description
Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
Author: Reinhard Bork Publisher: Oxford University Press, USA ISBN: 9780198727286 Category : Law Languages : en Pages : 0
Book Description
This book provides the most detailed article-by-article commentary on the EC Regulation on Insolvency Proceedings, written by a group of experts drawn from several jurisdictions.
Author: Gert-Jan Boon Publisher: Oxford University Press ISBN: 019256112X Category : Law Languages : en Pages : 2088
Book Description
This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Author: Thomas Kadner Graziano Publisher: Edward Elgar Publishing ISBN: 1788975650 Category : Law Languages : en Pages : 1159
Book Description
Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.
Author: Gerard McCormack
Author: Gerard McCormack
Author: Christoph G Paulus
Author: Lorenzo Stanghellini
Author: Irene Lynch Fannon
Author: Thomas Papadopoulos
Author: Gerard McCormack
Author: Jason Chuah
Author: Reinhard Bork
Author: Gert-Jan Boon
Author: Thomas Kadner Graziano