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Comparative Insolvency Law: The Pre-Pack Approach in Corporate Rescue

Comparative Insolvency Law: The Pre-Pack Approach in Corporate Rescue

Author: Bo Xie
Publisher: Edward Elgar Publishing
ISBN: 9781781007372
Published In: November 2016
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction.

This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.

The book offers a comparative and critical analysis of the law and practice of the pre-pack approach to corporate rescue in the UK, the USA, and in key EU jurisdictions, and explains the reasons behind the popularity of the UK as forum law for European companies approaching insolvency.

Highlighting the advantages and shortcomings of the process, Bo Xie discusses in depth the different approaches adopted in these various jurisdictions to deal with opportunistic use of pre-packs. She also considers proposals to redress the balance within UK pre-packaged administrations by inserting higher transparency and scrutiny safeguards.

This highly topical study is a must-read for scholars and legal practitioners working in the fields of corporate insolvency and restructuring. It will also prove of great value to insolvency regulators owing to its topical and in-depth analysis of current developments in the law.
Preface

PART I Introduction
1. Corporate Rescue - The New Orientation of Insolvency Law

PART II Pre-packs in the UK
2. A Critical Appraisal of The Rise of Pre-pack Administrations
3. Pre-pack Business Sales to ConnEcted parties – The Uneasy Case for Pre-pack Administrations
4. Safeguards for Creditors – An Evaluation of UK Reform Initiatives

PART III Pre-packs in the US
5. Pre-packaged Reorganization under Chapter 11
6. Pre-Plan Sales under s 363(b) under Chapter 11 – United States

PART IV Pre-packs in Europe
7. The Use of the Pre-pack Approach in Key European Jurisdictions
8. Pre-packs and Insolvency Forum Shopping

PART V Conclusion
9. Conclusion