Expedited Corporate Debt Restructuring in the EU

Author: Rodrigo Olivares-Caminal
Publisher: Oxford University Press
ISBN: 9780198706502
Published In: July 2015
Format: Hardback , 864 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

The most comprehensive comparative treatment of expedited restructuring techniques
Analyses the law and practice of expedited corporate reorganisation in all 28 EU states
Case studies illustrate how the law is used in practice, highlighting the best way forward and possible solutions to problem areas, including prepacks, pre-negotiated deals, and private workouts
Common issues in restructurings across the EU including competition, taxation, and procedural issues are covered, providing a multi-jurisdictional analysis

This is the first book to provide a complete comparative analysis of expedited corporate debt restructuring alternatives in the European Union.

The work considers the different options available to a company facing a distress scenario and focuses on the options that provide expedited solutions to these issues. The techniques considered in full include: (1) out-of-court reorganization or (non-insolvency process-related) private workouts; (2) pre-packaged reorganization plans; and, (3) pre-arranged or pre-negotiated reorganization plans. The merits and suitability of each technique are considered and case studies are used to illustrate these points in each chapter.

A considerable feature of the work is the jurisdiction analysis which allows the reader to compare the law and practice related to each method in each of the EU member states. Each country chapter sets out the relevant legal framework, illustrates its practical application and highlights potential problems through the use of case studies. The aim of the book is to work as a toolkit, a first point of reference for anyone dealing with companies in distress in the EU.

In addition to the jurisdictional analysis, the thematic chapter provide an introduction to the techniques discussed and cover common issues for all EU jurisdictions.

Readership: Practitioners and scholars interested in insolvency and restructuring, financial and corporate law.

Theoretical Framework
1: Rodrigo Olivares-Caminal: Introduction
Jurisdictional Analysis
2: Alexander Isola: Austria
3: Michele Gregoire: Belgium
4: Simeon Simeonov and Angel Ganev: Bulgaria
5: Vladimir Mamic: Croatia
6: Elias Neocleous and Panos Labropoulos: Cyprus
7: Tomas Richter: Czech Republic
8: Pernille Bigaard: Denmark
9: Kadri Kallas and Triin Tigane: Estonia
10: Jyrki Tahtinen: Finalnd
11: Jacques Henrot, Philippe Dubois and Joanna Gumpelson: France
12: Lars Westpfahl and Simone Schonen: Germany
13: Yannis Manuelides: Greece
14: Erika Papp: Hungary
15: William Day: Ireland
16: Rita Gismondi and Antonio Auricchio: Italy
17: Lauris Liepa: Latvia
18: Zilvinas Zinkevivius and Sandra Prichozaj: Lithuania
19: Henri Wagner and Francois Guillaume de Liedekerke: Luxembourg
20: Louis de Gabriele and Henri Mizzi: Malta
21: Robert van Galen: Netherlands
22: Lech Gilicinski: Poland
23: Paula Gomes Freire, Joana Dominques and Maria Eliseu: Portugal
24: Ana-Maria Placintescu: Romania
25: Renatus Kollar, Martina Kasemova and Matus Kudlak: Slovakia
26: Markus Bruckmueller: Slovenia
27: Angel Alonso and Alvaro Font: Spain
28: Mathias Winge and Odd Swarting: Sweden
29: Geoff O'Dea, Ken Baird, Jamila Khokhar and Katharina Crinson: UK
Multi-Jurisdictional Issues
30: Ioannis Kokkoris: Competition
31: Daniel D. Durrschmidt: Taxes
32: Graham Lane: Procedural Aspects
Comparative Tables

Rodrigo Olivares-Caminal is a Professor in Banking and Finance Law at the Centre for Commercial Law Studies (CCLS) at Queen Mary University of London. He has acted as a Senior Insolvency Expert with the World Bank and a Sovereign Debt Expert for the United Nations Conference on Trade and Development (UNCTAD) and as a consultant to several multilateral institutions in Washington DC and Europe, Central Banks and Sovereign States as well as in several international transactions with law firms. He specializes in international finance and insolvency law. He is the author/editor of seven books including lead/co-ordinating author for Olivares-Caminal et al: Debt Restructuring (OUP, 2011) and has extensively published in peer-reviewed journals. He sits in the editorial/advisory board of several law journals in the UK and US and is a member of national and international institutions and associations specializing in comparative commercial and insolvency law.

Contributors:
Rodrigo Olivares-Caminal
Alexander Isola
Michele Gregoire
Simeon Simeonov and Angel Ganev
Vladimir Mamic
Elias Neocleous and Panos Labropoulos
Tomas Richter
Pernille Bigaard
Kadri Kallas and Triin Tigane
Jyrki Tahtinen
Jacques Henrot, Philippe Dubois and Joanna Gumpelson
Lars Westpfahl and Simone Schonen
Yannis Manuelides
Erika Papp
William Day
Rita Gismondi and Antonio Auricchio
Lauris Liepa
Zilvinas Zinkevivius and Sandra Prichozaj
Henri Wagner and Francois Guillaume de Liedekerke
Louis de Gabriele and Henri Mizzi
Robert van Galen
Lech Gilicinski
Paula Gomes Freire, Joana Dominques and Maria Eliseu
Ana-Maria Placintescu
Renatus Kollar, Martina Kasemova and Matus Kudlak
Markus Bruckmueller
Angel Alonso and Alvaro Font
Mathias Winge and Odd Swarting
Geoff O'Dea, Ken Baird, Jamila Khokhar and Katharina Crinson