Guide to Insolvency in Europe

Guide to Insolvency in Europe
Author: Anthony R. Houghton
Publisher:
Total Pages: 417
Release: 1993
Genre: Bankruptcy
ISBN: 9780863253225

This text is intended as a basic guide to personal and corporate insolvency law, practice and procedure in the 12 EC Member States and six other European countries. The contents of each national chapter are marshalled in consistent format into seven sections covering type of business entity, reoganization procedures, terminal procedures, types of security and enforcement, debt collection procedures, sources of law and sources of information.

A Guide to Consumer Insolvency Proceedings in Europe

A Guide to Consumer Insolvency Proceedings in Europe
Author: Thomas Kadner Graziano
Publisher: Edward Elgar Publishing
Total Pages: 1266
Release: 2019
Genre: Law
ISBN: 1788975650

Since the adoption of the EU Regulation on Insolvency Proceedings in 2000 and its recast in 2015, it has become clear that lawyers engaged in consumer insolvency proceedings are increasingly expected to have a basic understanding of foreign insolvency proceedings, as well as knowledge of the foreign country's court and legal system, legislation and judicial practice. Written by 50 highly qualified insolvency experts from 30 European countries, A Guide to Consumer Insolvency Proceedings in Europe provides the necessary information in the largest, most up-to-date and comprehensive book on this topic. Assisting the readers in their navigation through the differences, similarities, and peculiarities of insolvency proceedings in all Member States of the European Union, Switzerland and Russia, this book is a unique guide to insolvency proceedings across Europe. With contributions by both academics and practitioners, it provides truly multinational coverage of the economic, legal, social, political, and demographic issues in consumer insolvency. Illustrating the numerous practices across Europe, this book allows the reader to evaluate each aspect both on its own merits, as well as in comparison to the approaches applied in other European jurisdictions. This book will be an invaluable tool for insolvency practitioners, judges, lawyers, creditors and debtors throughout Europe, especially those participating in cross-border proceedings.

Rescue of Business in Europe

Rescue of Business in Europe
Author: Bob Wessels
Publisher: Oxford University Press
Total Pages: 1552
Release: 2020-01-30
Genre: Law
ISBN: 0192561111

This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.

The European Restructuring Directive

The European Restructuring Directive
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
Total Pages: 319
Release: 2021-04-30
Genre: Law
ISBN: 1789908817

This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.

European Corporate Insolvency

European Corporate Insolvency
Author: Harry Rajak
Publisher: Wiley
Total Pages: 952
Release: 1995-09-22
Genre: Law
ISBN: 9780471952398

Commercial Law Series European Corporate Insolvency A Practical Guide Edited by Harry Rajak, Professor of Law, University of Sussex and Peter Horrocks and Joe Bannister of Lovell White Durrant In response to an expanding European market and increasing economic integration, what progress has the European Union made towards a unified insolvency regime system? The high-profile cases of BCCI and Maxwell have illustrated the dangers of cross-border corporate collapses — with no clear integrated policy emerging from Brussels how can the practitioner know which national regime will apply? Following the recent UK Paramount case, what are the implications for receivers and administrators who retained a company’s employees after their appointment? Anyone involved in pan-European insolvency will be all too aware of these issues — European Corporate Insolvency provides practical solutions from experts operating in all the key European jurisdictions on a daily basis. In addition to the country-by-country coverage, the measures that currently apply at European Union level are also analysed with future developments and draft proposals discussed. Detailed research into the rights and privileges available in the various European insolvency regimes is an essential but time-consuming task for busy practitioners — the innovative matrix index incorporated into European Corporate Insolvency is designed specifically to assist in this essential task by providing detailed comparative access to all the areas covered. Each chapter deals with: sources of insolvency law registration of companies survival of the insolvent corporation liquidation and dissolution augmenting assets public control Law/Finance

European Cross Border Insolvency

European Cross Border Insolvency
Author: Jennifer Marshall
Publisher:
Total Pages:
Release: 2004
Genre: Bankruptcy
ISBN: 9780421881600

It is increasingly common for commercial insolvencies to involve more than one jurisdiction and the EC Regulation on Insolvency Proceedings now provides a framework within which the different insolvency regimes in the EU can interact. This new looseleaf provides a practical guide to European cross-border insolvency procedures in each European country. Taking a country-by-country approach, each section conforms to a standard template allowing easy access to information and quick comparisons between jurisdictions. * Only publication available covering the practical aspects of cross-border insolvencies following introduction of the EC Regulation * Considers the insolvency laws of each Member State showing how procedures work in each country * Analyses all case law since the introduction of the Regulation * Regular releases keep practitioners up-to-date with developments in all EU countries * Supplies at a glance guidance in a series of summary tables which can be further explored in the relevant section * Written by a team from Allen & Overy LLP, the leading firm in the area of insolvency

The EC Regulation on Insolvency Proceedings

The EC Regulation on Insolvency Proceedings
Author: Gabriel Moss
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2002
Genre: Bankruptcy
ISBN: 9780199251094

This major new practitioner work provides a complete analysis of the EC Council Regulation on Insolvency Proceedings, which takes direct effect in Member States without need for national legislation. The Regulation has a considerable impact upon insolvency proceedings throughout the EU, and isalso of major significance to parties based outside the EU which have any kind of credit-based relationship with parties operating within the EU, or which have property interests located inside the EU. The book contains a series of topic-based narrative chapters, followed by a detailedarticle-by-article commentary on the Regulation itself, with cross-references to the preceding chapters. It is written by a small team of top specialists, including the three editors, and also draws upon the comments of a team of consultant experts across Europe. It will have international appeal toall law firms, libraries and institutions with a specialism in corporate or commercial law.

Corporate Rescue

Corporate Rescue
Author: Katarzyna Gromek Broc
Publisher:
Total Pages: 0
Release: 2004
Genre: Bankruptcy
ISBN: 9789041121233

For many years, The functioning of the single European market has made it easy for companies to establish themselves and do business throughout the European Union¿unless, that is, they failed. In that case, until recently, a company became subject To The insolvency laws of each individual country. The divergence among these laws seemed far beyond the possibility of harmonisation. During the last few years, however, a twofold development is bringing relief. First, thanks To The European Regulation on Insolvency And The UNCITRAL Model Insolvency Laws, jurisdictional issues can be resolved and determined in cases where more than one country is affected by the insolvency of a particular enterprise. Second¿and far more promising¿stated EU policy goals urging a convergence in thinking on substantive insolvency issues at the Member State level are bearing fruit in reforms that abandon extreme or unusual features and open more common ground. Spearheading these reforms are statutory corporate insolvency procedures that offer an alternative to liquidation¿procedures grouped under the heading of corporate rescue. In this book eleven outstanding European insolvency law specialists, representing both practitioners and academics, investigate significant changes in corporate rescue laws that have either already been implemented or that are on the law reform agenda. The essays include expert analyses and evaluations of corporate rescue laws in each of six EU Member States¿France, Germany, Italy, Spain, Sweden, And The United Kingdom¿as well as insightful discussions of the broader European context. Because corporate rescue is the lifeblood of insolvency law, it is likely to be this aspect that has the greatest role to play in the economic and social development of the European Union. For this reason¿and because of the obvious beneficial value of corporate rescue in ensuring fair treatment of creditors and protection of debtors, As well as in reducing the level of stigma attached to insolvency¿Corporate Rescue in Europe will be valued by company lawyers and law firms throughout Europe, and in particular to those handling bankruptcy and insolvency proceedings.