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

Published: 2021-05-27

Total Pages: 53

ISBN-13: 1513573594

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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.

The European Restructuring Directive
The European Restructuring Directive

Author: Gerard McCormack

Publisher: Edward Elgar Publishing

Published: 2021-04-30

Total Pages: 319

ISBN-13: 1789908817

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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.

A Strategy for Resolving Europe's Problem Loans
A Strategy for Resolving Europe's Problem Loans

Author: Mr.Shekhar Aiyar

Publisher: International Monetary Fund

Published: 2015-09-24

Total Pages: 79

ISBN-13: 1513511653

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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:

Published: 2005-01-01

Total Pages: 686

ISBN-13: 9789041123916

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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.

A Banking Union for the Euro Area
A Banking Union for the Euro Area

Author: Rishi Goyal

Publisher: International Monetary Fund

Published: 2013-02-12

Total Pages: 31

ISBN-13: 1475569823

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The SDN elaborates the case for, and the design of, a banking union for the euro area. It discusses the benefits and costs of a banking union, presents a steady state view of the banking union, elaborates difficult transition issues, and briefly discusses broader EU issues. As such, it assesses current plans and provides advice. It is accompanied by three background technical notes that analyze in depth the various elements of the banking union: a single supervisory framework; a single resolution and common safety net; and urgent issues related to repair of weak banks in Europe.

A Guide to Consumer Insolvency Proceedings in Europe
A Guide to Consumer Insolvency Proceedings in Europe

Author: Thomas Kadner Graziano

Publisher: Edward Elgar Publishing

Published: 2019

Total Pages: 1159

ISBN-13: 1788975650

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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.

Commentary on the European Insolvency Regulation
Commentary on the European Insolvency Regulation

Author: Reinhard Bork

Publisher: Oxford University Press, USA

Published: 2016

Total Pages: 0

ISBN-13: 9780198727286

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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.

Cross-Border Insolvency Law
Cross-Border Insolvency Law

Author: Bob Wessels

Publisher: Kluwer Law International B.V.

Published: 2015-09-24

Total Pages: 988

ISBN-13: 9041159959

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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.

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

Published: 2019-02-04

Total Pages: 44

ISBN-13: 1484396227

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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.