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Abstract This chapter elaborates on formal insolvency proceedings. While most legal systems provide for several different types of insolvency-related proceedings, this chapter focuses mainly on ‘traditionel’ liquidation proceedings. These are shaped as collective enforcement proceedings and resemble individual execution, but on a pari ...
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The Concept of Insolvency Proceedings
2017Abstract Insolvency proceedings, whether of a terminal or a reorganizational nature, are the proceedings which can be invoked by or in respect of a company so as to subject its property and affairs to the rules of insolvency law applicable to the administration of an insolvent estate.
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State AId and Insolvency Proceedings
2007Il contributo si propone di illustrare la tematica delle procedure fallimentari in rapporto al tema degli aiuti di Stato. A questo fine, viene esaminata, in primo luogo, la procedura dell'amministrazione straordinaria delle grandi imprese in crisi, partendo dalla legge Prodi fino alla legge Marzano e alle successive modifiche di questa.
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COMPENSATION IN INSOLVENCY PROCEEDINGS
Curentul Juridic/Juridical CurrentThe paper aims to analyze the institution of mutual claims compensation in insolvency proceedings, with emphasis the general and special requirements provided by Law no. 85/2014 on insolvency prevention and insolvency procedures. The advantages of this institution as well as controversial practical aspects of case law will also be highlighted.
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2017
The new EU Insolvency Regulation 2015/848 is going to enter into force in June this year. Although, it brings many novelties such as, a widened scope of application, re-designed concept of the centre of main interest (COMI), introduction of the publicly accessible insolvency registers, the most important amendments are on the main and secondary ...
Akšamović, Dubravka +1 more
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The new EU Insolvency Regulation 2015/848 is going to enter into force in June this year. Although, it brings many novelties such as, a widened scope of application, re-designed concept of the centre of main interest (COMI), introduction of the publicly accessible insolvency registers, the most important amendments are on the main and secondary ...
Akšamović, Dubravka +1 more
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2022
In the context of cross-border insolvency proceedings, the lex fori concursus should be the applicable law for the following issues: the capacity of the insolvent debtor to be a party in pending arbitral proceedings, the procedural capacity of the insolvent debtor in pending arbitral proceedings, effects on the power of attorney issued by the insolvent
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In the context of cross-border insolvency proceedings, the lex fori concursus should be the applicable law for the following issues: the capacity of the insolvent debtor to be a party in pending arbitral proceedings, the procedural capacity of the insolvent debtor in pending arbitral proceedings, effects on the power of attorney issued by the insolvent
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The Characterization of Pre-insolvency Proceedings in Private International Law
European Business Organization Law Review, 2020Adrian Walters, Irit Mevorach
exaly