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-liquidation insolvency proceedings, usually referred to as reorganization. Using the ECJ case law on the Directive, I conclude that although … capital do not present an insurmountable hurdle to the adoption of rational corporate insolvency law. As a side note, I also … unnecessary administrative burden on reorganizing European companies. -- bankruptcy ; insolvency ; reorganization ; registered …
Persistent link: https://www.econbiz.de/10003804575
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After the COVID-19 crisis has subsided, the (further) harmonization of bank insolvency law will again be high on the …
Persistent link: https://www.econbiz.de/10014352261
The "Centre of Main Interests" ("COMI") is one of the most relevant concepts in the international insolvency scene. It … is used as the main criterion to assign jurisdiction in cross border insolvency cases in the vast majority of the … European countries, the United States and every state that has incorporated UNCITRAL's Model Law on Cross Border Insolvency …
Persistent link: https://www.econbiz.de/10013012352
The European Insolvency Regulation of 29 May 2000 was designed to ensure that the insolvency laws of EU Member States … which insolvency proceedings can be opened in Member States and supplies rules to regulate the scope and effects of, and the … insolvency in a single set of proceedings, opened in one Member State but effective in others, or at least — in cases where the …
Persistent link: https://www.econbiz.de/10012992874
This article overall explores the legislative changes in corporate insolvency law that occurred over the past number of … the variations that can be found in the different Member States for the harmonisation of insolvency laws movement … current changes occurring within the Community. It especially looks at the European insolvency legal framework, notably the …
Persistent link: https://www.econbiz.de/10013031915
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Since 2011, the European legislator has taken a new course of action on business failure and insolvency. For a long … time, substantive harmonisation was considered unfeasible in the area of insolvency law, however, the developments over the … Insolvency Law'. In part three some observations will be made with regard to the recent developments in the EU, including a …
Persistent link: https://www.econbiz.de/10012869254
This article advances detailed proposals for a European Personal Insolvency Directive as part of the European … Commission's ongoing insolvency initiative. The Commission has been struggling with "soft" coordination of insolvency proceedings … of these laws. A process firmly concentrated on business restructuring has recently expanded to personal insolvency writ …
Persistent link: https://www.econbiz.de/10012985970
The European Insolvency Regulation has largely succeeded in providing a framework for cross-border insolvency. But … December 2012. While its inputs are backed up by a broad consensus as it mostly reflects developments in national insolvency … some rules which do not properly contribute in their current wording to achieving the insolvency proceedings’ goals. This …
Persistent link: https://www.econbiz.de/10014143044