Results 211 to 220 of about 6,021,009 (348)

Holding out on restructuring negotiations: A legal analysis over Finnish and Swedish legislation

open access: yesInternational Insolvency Review, EarlyView.
Abstract This article examines how Finnish and Swedish restructuring laws create opportunities for creditors to hold out on restructuring negotiations. Using Anthony Casey's new bargaining theory and the traditional creditors' bargain model as analytical frames, the study argues that holdouts arise when ex ante rights – particularly security interests,
Anssi Kärki
wiley   +1 more source

Towards climate‐conscious corporate restructuring: A comparative exploration of English and Bhutanese legal frameworks

open access: yesInternational Insolvency Review, EarlyView.
Abstract This paper conducts a comparative legal analysis of corporate restructuring frameworks in England and Bhutan, examining their capacity to integrate climate variability considerations and promote sustainable business practices. It discusses the procedural mechanisms for restructuring financially distressed enterprises available under the law of
Eugenio Vaccari, Migmar Lham
wiley   +1 more source

Rethinking law in books versus law in action in China's first experiment of a personal insolvency regime: Towards a more debtor‐oriented procedural design

open access: yesInternational Insolvency Review, EarlyView.
Abstract Although a local experiment, the promulgation of the Regulations of Shenzhen Special Economic Zone on Personal Bankruptcy (SPBR) in 2020 was hailed as a significant milestone in China's insolvency lawmaking which has thus far addressed only corporate insolvencies.
Jenny Fu, Jin Chun
wiley   +1 more source

The restructuring directive's stay: Post‐implementation perspectives and asset‐deployment risks

open access: yesInternational Insolvency Review, EarlyView.
Abstract The Restructuring Directive addresses the stay's impact on security enforcement but not asset deployment. It leaves uncertainty on how security agreements interact with executory contracts, giving Member States discretion. This affects debtors' ability to dispose of encumbered assets and impacts creditors' contractual rights, ultimately ...
Vincent van Hoof
wiley   +1 more source

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