Expedited Corporate Debt Restructuring in the EU

OLIVARES-CAMINAL Rodrigo

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Summary

- 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.

Table of contents

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