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.

Restructuring and Insolvency in Europe: Policy Options in the Implementation of the EU Directive

Restructuring and Insolvency in Europe: Policy Options in the Implementation of the EU Directive
Author: Jose M Garrido
Publisher: International Monetary Fund
Total Pages: 53
Release: 2021-05-27
Genre: Business & Economics
ISBN: 1513573594

The Directive on Restructuring and Insolvency sets minimum standards for restructuring and certain insolvency matters, but its harmonization effect will be limited given multiple options for implementation, likely leading to divergent restructuring models in Europe. These options reveal different policy approaches to the regulation of restructuring and insolvency. The analysis in this paper aims to illustrate the breadth of the policy choices and their consequences for restructuring activity. States should carefully design restructuring procedures to avoid the negative economic effects of certain options that could undermine creditors’ rights or result in unpredictable outcomes, particularly in cross-border cases.

A Strategy for Resolving Europe's Problem Loans

A Strategy for Resolving Europe's Problem Loans
Author: Mr.Shekhar Aiyar
Publisher: International Monetary Fund
Total Pages: 79
Release: 2015-09-24
Genre: Business & Economics
ISBN: 1513511653

Europe’s banking system is weighed down by high levels of non-performing loans (NPLs), which are holding down credit growth and economic activity. This discussion note uses a new survey of European country authorities and banks to examine the structural obstacles that discourage banks from addressing their problem loans. A three pillared strategy is advocated to remedy the situation, comprising: (i) tightened supervisory policies, (ii) insolvency reforms, and (iii) the development of distressed debt markets.

Principles of European Insolvency Law

Principles of European Insolvency Law
Author: W. W. McBryde
Publisher:
Total Pages: 686
Release: 2005-01-01
Genre: Law
ISBN: 9789041123916

In the past decades, many Member States of the European Union have introduced important new legislation in the field of insolvency law. Principles of European Insolvency Law tries to capture the common elements that national insolvency laws share and that make up the essence of insolvency proceedings in Europe. It makes a first, and, so far, unique attempt, to tackle an area of law which is of great commercial importance, but in which some might have thought it was too difficult to detect a European approach. Principles of European Insolvency Law looks to a future of more European integration in areas of commercial law and practice. They may serve as working material for further study, which could result in proposals for legislation on a supranational level. In the shorter term, the Principles will be of use in efforts to modernise national insolvency laws by serving as a 'European framework'. Taking account of the Principles in drafting reform proposals can lead to a greater conformity of new national legislation with the essence of European insolvency law.

Nonperforming Loans in Asia and Europe—Causes, Impacts, and Resolution Strategies

Nonperforming Loans in Asia and Europe—Causes, Impacts, and Resolution Strategies
Author: Asian Development Bank
Publisher: Asian Development Bank
Total Pages: 262
Release: 2021-12-01
Genre: Business & Economics
ISBN: 9292691163

High and persistent levels of nonperforming loans (NPLs) have featured prominently in recent financial crises. This book traces NPL trends during and after crises, examines the economic impact of high NPLs, and compares the effectiveness of NPL resolution strategies across economies in Asia and Europe. The book distills important lessons from the experiences of economies using case studies and empirical investigation of ways to resolve NPLs. These findings can be invaluable in charting a course through the financial and economic fallout of the coronavirus disease (COVID-19) pandemic to recovery and sustained financial stability in Asia, Europe, and beyond.

Commentary on the European Insolvency Regulation

Commentary on the European Insolvency Regulation
Author: Reinhard Bork
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2016
Genre: Law
ISBN: 9780198727286

This book provides the most detailed article-by-article commentary on the EC Regulation on Insolvency Proceedings, written by a group of experts drawn from several jurisdictions.

The Use of Data in Assessing and Designing Insolvency Systems

The Use of Data in Assessing and Designing Insolvency Systems
Author: José Garrido
Publisher: International Monetary Fund
Total Pages: 44
Release: 2019-02-04
Genre: Business & Economics
ISBN: 1484396227

To date, the use of empirical data in insolvency law analysis has been sporadic. This paper provides a conceptual framework for the use of data to assess the effectiveness and efficiency of insolvency systems. The paper analyzes the existing sources of data on insolvency proceedings, including general insolvency statistics, judicial statistics, statistics of insolvency regulators and other sources, and advocates for the design of special data collection mechanisms and statistics to conduct detailed assessments of insolvency systems and to assist in the design of legal reforms.

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency

An Overview of the Legal, Institutional, and Regulatory Framework for Bank Insolvency
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.

Cross-Border Insolvency Law

Cross-Border Insolvency Law
Author: Bob Wessels
Publisher: Kluwer Law International B.V.
Total Pages: 988
Release: 2015-09-24
Genre: Law
ISBN: 9041159959

Recent insolvency cases highlight the growing importance of cross-border insolvency matters in international transactions. In order to obtain relevant information essential for conduct in such transactions, an insolvency lawyer needs to have access to the many relevant instruments that have been introduced and implemented in recent years, but that until now have not been available in any single place. This very useful volume collects, for the second time in one source, all important international and regional legal instruments relating to insolvency of companies and consumers, as well as to corporate rescue law. The book includes international and regional conventions, model laws, EU regulations and directives, and guiding principles produced by various international bodies (such as the World Bank, the United Nations Committee on International Trade Law ('UNCITRAL'), the American Law Institute, INSOL International, and INSOL Europe), and international and European restatements of insolvency law by scholars. In addition to reproducing the complete texts of these instruments, the editors provide insightful commentary covering such important matters as the following: • key issues of each text; • expected amendments and revisions; and • comparative analysis of instruments. A unique resource bringing together core material in the field of cross-border insolvency law and legislation, this book will be welcomed by international insolvency practitioners worldwide.