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The Characterization of Pre-insolvency Proceedings in Private International Law
European Business Organization Law Review, 2020 © 2020, The Author(s). The decade since the financial crisis has witnessed a proliferation of various ‘light touch’ financial restructuring techniques in the form of so-called pre-insolvency proceedings.
Irit Mevorach +2 more
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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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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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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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France: Insolvency Proceedings
1984The last decade has seen greater attention focussed on the insolvency proceedings of judicial settlements, liquidations of assets and temporary stays of action, and on insolvency administrators. Many have suddenly become inspired with the subject and numerous articles have appeared, some of them bewildering and often revealing an utter lack of ...
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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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Proceedings of the 2018 10th International Conference on Machine Learning and Computing, 2018
The Czech Insolvency Register launched in 2008 covers recently about 200000 insolvency proceedings. A lot of information it stores about the debtors is provided in structured form and is easily accessible. Further information, e.g., about the amount of debt or the reasons for it, is, however, contained only in scanned document copies attached to the ...
Iveta Mrázová, Peter Zvirinsky
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The Czech Insolvency Register launched in 2008 covers recently about 200000 insolvency proceedings. A lot of information it stores about the debtors is provided in structured form and is easily accessible. Further information, e.g., about the amount of debt or the reasons for it, is, however, contained only in scanned document copies attached to the ...
Iveta Mrázová, Peter Zvirinsky
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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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2019
Abstract This book develops a normative foundation and framework for pre-insolvency proceedings. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings.
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Abstract This book develops a normative foundation and framework for pre-insolvency proceedings. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings.
openaire +1 more source