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The cooperation mechanism and legal harmonisation: analysing the past, present and future of mutual recognition and assistance in insolvency proceedings across Mainland China and Hong Kong, with insights from EU insolvency regulations

Journal of Corporate Law Studies, 2022
This article examines the potential and challenges of the ‘Cooperation Mechanism’, a scheme introduced jointly by the Supreme People’s Court in China and the Government of the Hong Kong Special Administrative Region on 14 May 2021, for enhancing mutual ...
Emily Lee
semanticscholar   +1 more source

Declaration of Claims in International Insolvency Proceedings

European Insolvency and Restructuring Journal, 2021
The ECJ ruled on a particularly controversial question in the recent case of Skarb Państwa/Riel: An action for declaration of the existence of claims for the purposes of their registration in the context of insolvency proceedings falls within the scope ...
Alexander Wilfinger
semanticscholar   +1 more source

The Recognition and Enforcement of UK Insolvency Proceedings in Spain After a Hard-Brexit. Special Reference to Schemes of Arrangement

European Company and Financial Law Review, 2021
After Brexit, the United Kingdom will become a third State to all effects. As far as insolvency is related, this will imply substantial changes regarding the recognition and enforcement of the UK insolvency proceedings. This paper purports to analyze the
Marta Flores
semanticscholar   +1 more source

Company Purpose in the Context of Business Sustainability and Insolvency Proceedings

European Company Law, 2021
The organizational and operational company purposes of the debtor company terminate in liquidation proceedings. In addition, the nonfinancial sustainability elements vanish in a piecemeal selling.
Tu Linna
semanticscholar   +1 more source

The Role of Consent in European Cross-Border Insolvency Proceedings: The Unilateral Undertaking under Article 36 EIRR

, 2021
Properly balancing between public and private interests is one of the most significant and complex challenges presented by modern insolvency law. The European Union insolvency law has recently embraced that challenge, by reinforcing the role that private
M. Gaboardi
semanticscholar   +1 more source

Czech Insolvency Proceedings

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 Zvirinský
openaire   +1 more source

Abuse of procedural rights in filing an application to open insolvency proceedings

Uzhhorod National University Herald. Series: Law
The article is devoted to the study of the specific features of the legal regulation of the stage of opening proceedings in insolvency cases. Based on an analysis of the Bankruptcy Procedures Code of Ukraine and the case law of the Supreme Court, the ...
O. Rozhnov
semanticscholar   +1 more source

Secondary Insolvency Proceedings

2016
Abstract The European Insolvency Regulation permits the opening of territorial proceedings conducted parallel to main proceedings, thereby modifying the concept of universality through the existence of so-called secondary proceedings. Secondary proceedings serve different purposes and are characterized by the fact that they are limited ...
Reinhard Bork, Renato Mangano
openaire   +2 more sources

Insolvency Proceedings

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
openaire   +1 more source

Protection of personal data of individuals in insolvency proceedings

SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law
Insolvency proceedings have a public nature and require disclosure of massive amounts of personal information. At the same time, each individual has a right to the protection of personal information.
Daryna Shykeriava
semanticscholar   +1 more source

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