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2023
Abstract This chapter offers commentary on the Original Insolvency Proceedings Regulation (OR), which applies to proceedings opened before 26 June 2017, and the Recast Insolvency Proceedings Regulation (RR). Despite the repeal of the OR, proceedings opened prior to 26 June 2017 will continue to be governed by the Original Regulation. The
Christoph Paulus, Tom Smith
exaly +2 more sources
Abstract This chapter offers commentary on the Original Insolvency Proceedings Regulation (OR), which applies to proceedings opened before 26 June 2017, and the Recast Insolvency Proceedings Regulation (RR). Despite the repeal of the OR, proceedings opened prior to 26 June 2017 will continue to be governed by the Original Regulation. The
Christoph Paulus, Tom Smith
exaly +2 more sources
Recognition of Insolvency Proceedings
2016Article 19 is a key provision of the Insolvency Regulation. It sets out the fundamental principle of the immediate and automatic recognition of judgments opening insolvency proceedings.
Michael Veder, Paul Oberhammer
exaly +2 more sources
2017
Abstract This chapter explores the strategic use of insolvency proceedings by majority shareholders under the Insolvency Act 1986 to remove minority shareholders from a company. It explains how placing a company into liquidation or administration enables the majority to acquire the business and assets through an independent insolvency ...
David Chivers +3 more
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Abstract This chapter explores the strategic use of insolvency proceedings by majority shareholders under the Insolvency Act 1986 to remove minority shareholders from a company. It explains how placing a company into liquidation or administration enables the majority to acquire the business and assets through an independent insolvency ...
David Chivers +3 more
openaire +1 more source
Secondary Insolvency Proceedings
2016Where main insolvency proceedings have been opened by a court of a Member State and recognised in another Member State, a court of that other Member State which has jurisdiction pursuant to Article 3(2) may open secondary insolvency proceedings in accordance with the provisions set out in this Chapter.
Renato Mangano +2 more
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Commencement of Insolvency Proceedings
2012Item does not contain ...
Faber, N.E.D. +3 more
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Secondary Insolvency Proceedings
2022Abstract This chapter expounds on how the Insolvency Regulation permits the opening of territorial proceedings conducted parallel to main proceedings. It includes how it would change the concept of universality through the existence of secondary proceedings, which serves the purpose of affecting assets within the Member State.
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The Digitalization of Insolvency Proceedings
International Insolvency ReviewAbstractDespite the international divergences existing in the design of insolvency law, there is a common feature of insolvency proceedings that, to a greater or lesser extent, is somehow universal: insolvency proceedings are generally costly and lengthy processes.
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Belgium: Insolvency Proceedings
1984Belgian commercial law includes a number of proceedings, applicable only to traders, relating to concerns in financial difficulties. Fredericq states: Bankruptcy is of exclusive nature, in the sense that it is the only legal system applicable to traders who have become insolvent. A trader, legally speaking, is never in a state of insolvency.
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The ancillary insolvency proceeding
International Insolvency Review, 2010AbstractThe main legal acts on International Insolvency Law (the European Regulation, the UNCITRAL Model Act and the European Convention on Certain International Aspects of Bankruptcy) lay down several local proceedings with substantive effects as regards the debtor, the distribution of proceeds and the ranking of claims.
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