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Commentary on Regulation 1346/2000 and Recast Regulation 2015/848 on Insolvency Proceedings

Gabriel Moss and Tom Smith

in Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199687800
eISBN:
9780191932991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199687800.003.0008
Subject:
Law, EU Law

This chapter provides a commentary on the ‘original’ Regulation on Insolvency Proceedings (OR) and the Recast Regulation (RR). It first highlights how the OR is not only intended to deal with the ... More


Recognition of Insolvency Proceedings

Michael Veder and Paul Oberhammer

in Commentary on the European Insolvency Regulation

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198727286
eISBN:
9780191927539
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198727286.003.0002
Subject:
Law, EU Law

Article 19 is a key provision of the Insolvency Regulation. It sets out the fundamental principle of the immediate and automatic recognition of judgments opening insolvency proceedings.


Cross-Border Transaction Avoidance

Rebecca Parry

in Transaction Avoidance in Insolvencies

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198793403
eISBN:
9780191927836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198793403.003.0026
Subject:
Law, Company and Commercial Law

Significant differences in format and underlying policies may be noted in transaction avoidance provisions worldwide; indeed varying avoidance provisions are only one aspect of the lack of ... More


Recognition and Enforcement

Gabriel Moss, Daniel Bayfield, and Georgina Peters

in Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199687800
eISBN:
9780191932991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199687800.003.0005
Subject:
Law, EU Law

This chapter considers the recognition of insolvency proceedings and the enforcement of the rights and powers of liquidators under the Regulation. In the UK, the position of foreign insolvency ... More


The Effect of the Regulation on Cross-Border Security and Quasi-Security

Stuart Isaacs, Felicity Toube, Nick Segal, and Jennifer Marshall

in Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199687800
eISBN:
9780191932991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199687800.003.0006
Subject:
Law, EU Law

This chapter examines the impact of insolvency proceedings recognized by the Regulation on the rights of secured creditors, particularly the rights of such creditors to enforce their security and ... More


Scope of The EIR

Reinhard Bork and Renato Mangano

in European Cross-Border Insolvency Law

Published in print:
2016
Published Online:
March 2021
ISBN:
9780198729099
eISBN:
9780191927560
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198729099.003.0002
Subject:
Law, EU Law

This chapter analyses the situations in which the European Insolvency Regulation will be applied, as defined in its first article and in other provisions. The scope of the EIR is marked by a ... More


Special Arrangements for Small and Medium-Sized Enterprises (SMEs) Including Natural Persons (but not Consumers)

Bob Wessels and Stephan Madaus (eds)

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0014
Subject:
Law, EU Law

The efficient application of an insolvency and, maybe even more, a restructuring framework rests on the assumption of some basic preconditions. The previous chapters should have made it obvious ... More


Insolvency of a party

Clemens Plassmann and Stephan Dorn

in Unified Patent Protection in Europe: A Commentary

Published in print:
2018
Published Online:
March 2021
ISBN:
9780198755463
eISBN:
9780191927706
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198755463.003.0478
Subject:
Law, Intellectual Property, IT, and Media Law

Rule 311 concerns the consequences of national insolvency proceedings on the assets of a party in proceedings before the UPC. The national insolvency laws of the CMSs are not changed by the UPCA or ... More


Introduction

Nicolaes Tollenaar

in Pre-Insolvency Proceedings: A Normative Foundation and Framework

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198799924
eISBN:
9780191864742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198799924.003.0001
Subject:
Law, Constitutional and Administrative Law

This first chapter provides an overview of the aims of the book. The main objectives of this text are to develop a normative foundation for pre-insolvency proceedings, outline the fundamental ... More


Choice of Law Rules

Ian F Fletcher

in Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199687800
eISBN:
9780191932991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199687800.003.0004
Subject:
Law, EU Law

This chapter outlines the uniform rules of choice of law which are applicable to all proceedings governed by the original EC/EU Regulation on Insolvency Proceedings. It emphasizes Articles 4–15, ... More


National Report for Australia

Christopher F. Symes (ed.)

in Commencement of Insolvency Proceedings

Published in print:
2012
Published Online:
March 2021
ISBN:
9780199644223
eISBN:
9780191932632
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199644223.003.0001
Subject:
Law, Company and Commercial Law

The English Bankruptcy Act of 1542 and subsequent 17th century legislation served as the model for early personal insolvency laws upon white settlement in Australia. In 1840 the colony of New South ... More


Rescue Plan Issues: Procedure and Structure; Distributional Issues

Bob Wessels and Stephan Madaus (eds)

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0012
Subject:
Law, EU Law

A business rescue in insolvency can be achieved in two ways: by either selling the business (usually an asset sale transferring the business as a going concern) or restructuring the business. Both ... More


Labour, Benefit, and Pension Issues

Bob Wessels and Stephan Madaus (eds)

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0009
Subject:
Law, EU Law

The insolvency of a business is a situation in which losses need to be distributed amongst creditors and stakeholders. While the possibility and probability of an insolvency is calculated and ... More


Scope and Jurisdiction

Ian F Fletcher

in Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199687800
eISBN:
9780191932991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199687800.003.0003
Subject:
Law, EU Law

This chapter explains the scope of operation of the EC/EU Regulation on Insolvency Proceedings. It emphasizes Article 1, which defines the Regulation’s scope in terms of the type of proceedings to ... More


Summary

Nicolaes Tollenaar

in Pre-Insolvency Proceedings: A Normative Foundation and Framework

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198799924
eISBN:
9780191864742
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198799924.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter provides a detailed summary of the contents of the eight chapters that constitute the main body of the text. It finally considers areas of future research on pre-insolvency ... More


Ranking of Creditor Claims; Governance Role of Creditors

Bob Wessels and Stephan Madaus (eds)

in Rescue of Business in Europe: A European Law Institute Instrument

Published in print:
2020
Published Online:
March 2021
ISBN:
9780198826521
eISBN:
9780191932274
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198826521.003.0008
Subject:
Law, EU Law

This chapter covers the creditors’ role in insolvency proceedings. First, we look at the creditors’ right to receive payments on their claims. In the second part, we look at the right of creditors ... More


Historical Overview: The Drafting of the Regulation and its Precursors

Ian F Fletcher

in Moss, Fletcher and Isaacs on the EU Regulation on Insolvency Proceedings

Published in print:
2016
Published Online:
March 2021
ISBN:
9780199687800
eISBN:
9780191932991
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780199687800.003.0001
Subject:
Law, EU Law

This introductory chapter briefly reviews the development and adoption of Council Regulation (EC) 1346/2000, the Regulation on Insolvency Proceedings in the EU. It describes two principal phases ... More


Greece

Constantinos Klissouras

in Financing Company Group Restructurings

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198738466
eISBN:
9780191927591
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738466.003.0011
Subject:
Law, Company and Commercial Law

The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for ... More


Spain

Agustín Bou

in Financing Company Group Restructurings

Published in print:
2015
Published Online:
March 2021
ISBN:
9780198738466
eISBN:
9780191927591
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198738466.003.0021
Subject:
Law, Company and Commercial Law

The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for ... More


Pre-Insolvency Proceedings: A Normative Foundation and Framework

Nicolaes Tollenaar

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198799924
eISBN:
9780191864742
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198799924.001.0001
Subject:
Law, Constitutional and Administrative Law

This book develops a normative foundation and framework for pre-insolvency proceedings. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and ... More


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