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Corporate Recovery in an Integrated Europe: Harmonisation, Coordination and Judicial Cooperation

Corporate Recovery in an Integrated Europe: Harmonisation, Coordination and Judicial Cooperation

Author: Irene Lynch Fannon; Jennifer L.L. Gant; Aoife Finnerty
Publisher: Edward Elgar Publishing
ISBN: 9781800887855
Published In: May 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,690.00

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Description
Contents

Details

Exploring the considerable qualitative research conducted by the Judicial Cooperation in Economic Recovery (JCOERE) Project, this book provides a rich analysis of the questions surrounding the contrasting legal traditions and cultures within the European framework.

Building on existing research, this book analyses the EU Directive (2019) harmonising ‘preventive restructuring’ law in all member states of the EU. Embodying a modern approach to business failure involving radical concepts, it examines the imposition of a stay or moratorium, the process of agreeing a compromise of existing debt through cram down and final approval, and ultimately financing the rescued business into the future. These concepts are considered in addition to the obligations imposed on courts through EU Regulation (2015) to cooperate in cross-border litigation in insolvency generally. Chapters also provide a critical analysis of legal texts and commentary, studying the development of the Preventive Restructuring Directive (PRD) and domestic preventive restructuring processes.

Critically considering the legal initiatives affecting business rescue within broader EU legal context, this book will be an insightful read for EU policy makers and insolvency lawyers and practitioners. Academics and researchers with an interest in European law and EU integration will also benefit from this comprehensive book.

Foreword

PART I: INTRODUCTION TO CORPORATE RECOVERY IN AN INTEGRATED EUROPE: HARMONISATION, COORDINATION AND JUDICIAL COOPERATION

1. Introduction: business failure and economic recovery in the European Union

2. The EU approach to business failure and rescue: the conceptual framework

PART II: COORDINATING CROSS-BORDER INSOLVENCY AND RESTRUCTURING PROCESSES IN THE EU

3. The European Insolvency Regulation: from inception to legislation

4. Cross-border insolvency coordination recognition, and cooperation

5. The European Insolvency Regulation (Recast): the obligation to cooperate, rescue and the Preventive Restructuring Directive

PART III: FROM FORMAL LIQUIDATION TO RESCUE AND RESTRUCTURING

6. The development of rescue and restructuring in the EU

7. The Preventive Restructuring Directive 8. Key preventive restructuring provisions: context, commentary, and conflict

PART IV: CHALLENGES TO CROSS-BORDER JUDICIAL COOPERATION, COORDINATION OF COURT PROCESSES AND REAL INTEGRATION AND HARMONISATION