Any choice of a state for a cross-border insolvency regime involves a trade-off between increased cross-border economic activity and application of less-preferred substantive insolvency law. A state may be relatively more dependent (‘dependent state') on the economy of another, less dependent,...

This chapter deals with fundamental issues of corporate insolvency law. Particular attention is paid to the agency problems related to “bankruptcy governance” and how these are addressed in various jurisdictions. Methodologically, the chapter is based on a functional approach that compares...

This book contains the four reports (preadviezen) presented at the 2019 NACIIL annual meeting on ?Distressed debt trading: brave new EU legal rules in relation to bold new strategies?.00It is easy to be critical of distressed debt investors and the practice of acquiring debt at a discount and...