Results 11 to 20 of about 1,589 (252)

Cross‐border insolvency in Brazil: The impact of substantive consolidation on parallel insolvency proceedings [PDF]

open access: hybridInternational Insolvency Review, EarlyView.
Abstract This article examines the interaction between substantive consolidation and parallel insolvency proceedings under Brazilian law following the enactment of Law No. 14,112/2020, which introduced both a cross‐border insolvency regime based on the UNCITRAL Model Law on Cross‐Border Insolvency (MLCBI) and statutory rules governing substantive ...
Sabrina Maria Fadel Becue   +1 more
openalex   +2 more sources

Maximising the value of the insolvency estate in EU cross‐border cases: The interplay of insolvency practitioners in main and secondary insolvency proceedings [PDF]

open access: hybridInternational Insolvency Review, EarlyView.
Abstract Modified universalism, as applied by the European Insolvency Regulation (EIR), allows not only for parallel main and secondary insolvency proceedings, but also for the creation of separate insolvency estates and the appointment of insolvency practitioners in each proceeding.
Remigijus Jokubauskas, J.M.G.J. Boon
openalex   +2 more sources

Jurisdiction over Cross-Border Insolvency Proceedings

open access: yesBulletin of the Transilvania University of Braşov: Series VII: Social Sciences, Law, 2021
The analysis of the opening of insolvency proceedings under European Union law involves the identification of incidental rules applicable to the insolvency proceedings with an element of foreignness when it concerns the Member ...
Codrut Nicolae Savu
doaj   +1 more source

Exceptions to the binding force of a debtor’s arbitration agreement on the Insolvency Practitioner

open access: yesEuropean Insolvency and Restructuring Journal, 2023
In this decision, the Canadian Supreme Court had to decide whether an insolvency administrator is bound by an arbitration agreement entered into by the insolvency debtor prior to the commencement of insolvency proceedings and, therefore, whether civil ...
Bork Reinhard
doaj   +1 more source

Insolvent Groups of Companies in the European Union

open access: yesBratislava Law Review, 2020
Before 26 June 2017, there was no single universal regulation governing the treatment of insolvency cases concerning groups of companies or certain members of a group in the European Union.
Noémi Suri
doaj   +3 more sources

CIVIL LIABILITY OF THE DIRECTOR FOR NON COMMENCEMENT OFINSOLVENCY PROCEEDINGS IN TIME

open access: yesJurisprudencija, 2021
This article examines the issue of the application of the civil liability of the director of a company for the failure to commence insolvency proceedings in time.
Remigijus Jokubauskas, Mykolas Kirkutis
doaj   +1 more source

Arbitration in Insolvency

open access: yesEuropean Insolvency and Restructuring Journal, 2023
The present article highlights the relationship between arbitration and insolvency proceedings. It examines from a comparative law perspective the questions of whether the arbitration agreement remains effective when the insolvency proceedings are ...
Reinhard Bork
doaj   +1 more source

One for all, and all for one? On cross-border CoCo in group insolvencies under the Recast EIR and the existence of an ‘overriding group interest’

open access: yesEuropean Insolvency and Restructuring Journal, 2021
In this article, the author examines to what extent insolvency practitioners and courts involved in insolvency proceedings concerning groups of companies, when engaging in cross-border communication, cooperation and coordination under the EU Insolvency ...
Sid Pepels
doaj   +1 more source

The Debtor’s Property Selling in the Cross-Border Insolvency Proceedings

open access: yesEconomics and Culture, 2016
The title of this research is “The debtor’s property selling in the cross-border insolvency proceedings”. The insolvency proceeding gets the cross-border status also in case, if a debtor is an owner of the property outside of the main interests’ centre ...
Sproge Daiga
doaj   +1 more source

Assurance of the Effectiveness of Corporate Insolvency Proceedings

open access: yesTeisė, 2020
This article examines some practical problems of the application of the Law on the Insolvency of Enterprises of the Republic of Lithuania related to the effectiveness of insolvency proceedings.
Egidija Tamošiūnienė   +3 more
doaj   +1 more source

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