Overview

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.

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9780198706502

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Reviews

All in all, the work will be very beneficial for insolvency practitioners wishing to know more about the jurisdiction they are negotiating with; for European and national legislators in further amending their legislations; as well as for courts, in cases where they are dealing with two or more jurisdictions, to better understand what is required or possible under domestic law. This is an indispensable book for anyone interested in corporate rescue in the EU. Professor Dr Bob Wessels, Leiden Law School, International Company and Commercial Law Review

All in all, the work will be very beneficial for insolvency practitioners wishing to know more about the jurisdiction they are negotiating with; for European and national legislators in further amending their legislations; as well as for courts, in cases where they are dealing with two or more jurisdictions, to better understand what is required or possible under domestic law. This is an indispensable book for anyone interested in corporate rescue in the EU. * Professor Dr Bob Wessels, Leiden Law School, International Company and Commercial Law Review *

Author Information

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.

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