Insolvency and Restructuring Law in Central & Eastern Europe
Author | : Christian Hoenig |
Publisher | : |
Total Pages | : 532 |
Release | : 2014 |
Genre | : Bankruptcy |
ISBN | : 9783707330069 |
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Author | : Christian Hoenig |
Publisher | : |
Total Pages | : 532 |
Release | : 2014 |
Genre | : Bankruptcy |
ISBN | : 9783707330069 |
Author | : Christian Hoenig |
Publisher | : |
Total Pages | : 544 |
Release | : 2016-07 |
Genre | : |
ISBN | : 9783848725021 |
Author | : Patryk Filipiak |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 632 |
Release | : 2021-10-13 |
Genre | : Law |
ISBN | : 9403534117 |
In the European Union, the effectiveness of judicial protection granted to a business or consumer in crisis depends on the extent and manner in which court rulings in bankruptcy and restructuring cases are recognised in all Member States. This article-by-article commentary on Regulation (EU) 2015/848 provides expert guidance through the entire course of insolvency proceedings, clearly showing how to solve specific problems that arise in insolvency cases with a cross-border element, including aspects such as jurisdiction, applicable law, recognition and enforceability of judgments and coordination of group of companies’ insolvencies. For any party instituting an insolvency proceeding in an EU Member State, the commentary provides such detailed guidance as the following: identifying the appropriate internationally competent court for filing; terms pursuant to which a judgment can be recognised; duties of an insolvency practitioner (IP); IP’s authority in the territory of another state; IP’s obligations towards creditors in another state; rights of foreign creditors; admissibility of conducting secondary insolvency proceedings; conducting simultaneous insolvency proceedings against the same debtor; permissible forms of contact and cooperation between judges and parties to the proceedings; and conducting proceedings involving a group of companies. An important feature of the commentary highlights the standpoints of lawyers from Central and Eastern Europe, where the commercial judiciary operates in a distinctly different way from that in countries with a well-established market economy system. Interpretation of provisions of the Regulation by lawyers from this part of Europe enhances the scope of legal argument both in the economic sphere and in the sphere of justice. With its detailed and in-depth description of international jurisdiction, recognition, and universal and territorial effects of insolvency proceedings, this practical book will be welcomed by counsel to business persons conducting international activity, trustees in bankruptcy, tax advisers, court enforcement officers, academics dealing with insolvency law, banks dealing with the collection of receivables, and debt collection companies. In addition, as a contribution to the debate on the optimal model for the international consequences of insolvency proceedings, its discussion of issues related to national jurisdiction, bankruptcy and restructuring of groups of companies, and international judicial cooperation will be particularly valuable for researchers.
Author | : Christian Hoenig |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Bankruptcy |
ISBN | : 9783709406663 |
Author | : European Law Institute |
Publisher | : Oxford University Press, USA |
Total Pages | : 1505 |
Release | : 2020-02-16 |
Genre | : Law |
ISBN | : 0198826524 |
This edited volume is based on the European Law Institute's (ELI) project 'Rescue of Business in Insolvency Law'. The project ran from 2013 to 2017 under the auspices of the ELI and was conducted by Bob Wessels and Stephan Madaus, who were assisted by Gert-Jan Boon. The study sought to design (elements of) a legal framework that will enable the further development of coherent and functional rules for business rescue in Europe. This includes certain statutory procedures that could better enable parties to negotiate solutions where a business becomes financially distressed. Such a framework also includes rules to determine in which procedures and under which conditions an enforceable solution can be imposed upon creditors and other stakeholders despite their lack of consent. The project had a broad scope, and extended to consider frameworks that can be used by (non-financial) businesses out of court, and in a pre-insolvency context. Part I of this book, the ELI Instrument as approved by the ELI Council and General Assembly, features 115 recommendations on a wide variety of themes affected by the rescue of financially distressed businesses, such as the legal rules for professions and courts, treatment and ranking of creditors' claims, contract, corporate and labour law as well as laws relating to transaction avoidance. Part II consists of national reports that sketch the legal landscape in 13 States and of an 'Inventory Report on International Recommendations from Standard-Setting Organisations', both of which provided insight for the drafting of the Instrument. This volume is designed to assist those involved in a process of law reform and those setting standards for soft law in the business rescue context.
Author | : Stilpon Nestor |
Publisher | : |
Total Pages | : 156 |
Release | : 1994 |
Genre | : Business & Economics |
ISBN | : |
Author | : Gilles Cuniberti |
Publisher | : Edward Elgar Publishing |
Total Pages | : 0 |
Release | : 2024-05-28 |
Genre | : Law |
ISBN | : 9781802205206 |
This authoritative Commentary provides an in-depth evaluation of the legislation regulating cross-border insolvency within the European Union. Bringing together a diverse team of legal scholars and practitioners from across the EU Member States, it delivers incisive dissections of the European Insolvency Regulation (EIR) provisions, which define the jurisdiction of the courts of EU Member States in insolvency proceedings as well as the national law that should be applied, and provide for the automatic recognition of other Member State's judgements along with a regime of coordination between proceedings opened in different Member States. Key Features: Expansive reference to case-law and legal writings Specific attention to private international law issues Comprehensive article-by-article analysis of the EIR Meticulous explanation by leading scholars in the field to aid understanding of each provision Up-to-date breakdown of the main national implementation legislations of the regulation Exploration of the interplay between the EIR and the Brussels Ibis Regulation, as well as the relationships with third countries This Commentary will be a crucial reference tool for practitioners active in cross-border insolvency and restructuring in Europe. It will also prove a key resource for students and scholars of commercial law, company and insolvency law, and European private international law.
Author | : International Monetary Fund. Monetary and Capital Markets Department |
Publisher | : International Monetary Fund |
Total Pages | : 77 |
Release | : 2009-04-17 |
Genre | : Business & Economics |
ISBN | : 1498336051 |
This study provides an overview of the legal, institutional, and regulatory framework that countries should put in place to address cases of bank insolvency. It is primarily intended to inform the work of the staffs of the International Monetary Fund (IMF) and World Bank, and to provide guidance to their member countries.
Author | : Gerard McCormack |
Publisher | : Edward Elgar Publishing |
Total Pages | : 505 |
Release | : 2017-01-27 |
Genre | : Law |
ISBN | : 1786433311 |
Critically analysing the substantive law of insolvency in the EU countries as a whole, this book carries out horizontal cross-cutting analysis of the data gathered from a study of national insolvency laws. It selects particular areas for detailed discussion and considers the pros and cons of particular legislative solutions.