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Social policy is a concept that is often left on the side-lines of insolvency law, and often for good reason. However …, ignoring this inconvenient aspect of today's legal culture inhibits a broader perspective when considering how insolvency law … with the requirements of employee protection legislation. While such a matter is not strictly the prevue of EU insolvency …
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Cross-border insolvency can often be impeded by the lack of legal coordination between jurisdictions, both in terms of … differences in insolvency systems and in other more fundamental differences in legal approach to regulation generally. The … European Insolvency Regulation (“EIR”) is one attempt to increase cross-border coordination in an area that is important to …
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The cooperation of European countries in matters of insolvency has a long history. It has been a 40 year project within … culmination of this cooperation was the EU Insolvency Regulation which deals with the coordination of cross-border insolvency … commence insolvency proceedings. However, goal of reducing forum shopping overall is not helped by the existence of divergent …
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versus labour. Insolvency law is an intersection between capital and labour, along with a number of other interests, which … insolvency theorists to better balance these matters, though some commentary is certainly present that suggests a balance is … needed, such as the publications of Elizabeth Warren. As insolvency is designed to resolve a particular problem associated …
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static in relation to their overall status quo regarding insolvency and social policy, in stark contrast to the reactions of … reform or creation of more robust insolvency and corporate rescue systems.The purpose of this paper is to explore the … insolvency, in particular corporate rescue procedures such as Chapter 11 and administration under the Insolvency Act 1986, and …
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