Distressed Debt Trading: Brave New EU Legal Rules in Relation to Bold New Strategies

Bankruptcy / Insolvency › European Union Law

Distressed Debt Trading: Brave New EU Legal Rules in Relation to Bold New Strategies

By NACIIL (Netherlands Association for Comparative and International Insolvency Law
Eleven International Publishing August 2020

Specifications

ISBN-13
9789462361485
Publisher
Eleven International Publishing
Publication
August 2020
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

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’.

It is easy to be critical of distressed debt investors and the practice of acquiring debt at a discount and subsequently making a profit. On the other hand, distressed debt investors provide a relatively easy and quick way out for non-professional and professional creditors alike. Curbing the rights of distressed traders would therefor also indirectly curb the rights of original creditors. Furthermore, the European Union views distressed debt trading as a way of dealing with excessive Non-Performing Loans (NPL).

Whatever your take is on the practice of distressed debt trading, it is here to stay and is likely to influence European insolvency practice in ways similar to US and even more so as a result of COVID-19.

Table of Contents

Preface
Transfer of Claims: Harmonized EU Rules on the Law Applicable to the Assignment of Claims and the Quest for Legal Certainty
Lilian Welling-Steffens
The Law and Economics of Investing in Bankruptcy in the United States
Jared A. Ellias
Loan-to-Own Strategies, Valuation Uncertainty and Credit Bidding under Dutch Law
Sebastiaan W. van den Berg
The German Legal Framework for Loan-to-Own Strategies
Tim Florstedt
HKD 625.10

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