The Experts below are selected from a list of 29808 Experts worldwide ranked by ideXlab platform
Tomas Richter - One of the best experts on this subject based on the ideXlab platform.
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reorganizing czech businesses a bankruptcy law reform under a recession stress test
International Insolvency Review, 2011Co-Authors: Tomas RichterAbstract:The new Czech Insolvency Act, featuring a brand new reorganization option for business debtors, has now been in force for over 3 years—a period of a severe downturn in the Czech (and the global) economy. This presents an opportunity to observe the workings of the new Insolvency law on a “recession-loaded” empirical dataset extracted from the on-line Insolvency register also introduced as part of the reform. This is the goal of this article, the subject matter of which is an initial empirical look at Insolvency proceedings conducted over debtors whose reorganization attempts had been allowed in the years 2008 and 2009. Copyright © 2011 John Wiley & Sons, Ltd.
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reorganizing czech businesses a bankruptcy law reform under a recession stress test
Social Science Research Network, 2011Co-Authors: Tomas RichterAbstract:The new Czech Insolvency Act, featuring a brand new reorganization option for business debtors, has now been in force for the last three years – a period of a severe downturn in the Czech (and the global) economy. This presents an opportunity to observe the workings of the new Insolvency law on a "recession-loaded" empirical dataset extracted from the on-line Insolvency register also introduced as part of the reform. This is the goal of this article, the subject matter of which is an initial empirical look at Insolvency proceedings conducted over debtors whose reorganization attempts had been allowed in the years 2008 and 2009.
John A E Pottow - One of the best experts on this subject based on the ideXlab platform.
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cross border corporate Insolvency in the era of soft ish law
Social Science Research Network, 2020Co-Authors: John A E PottowAbstract:Insolvency law (bankruptcy law to some) moves so quickly in the cross-border realm that this piece's discussion, started in 2015, is probably already outdated. Nonetheless, I publish it unrepentantly because it turns overdue attention to the role of soft law in this domain. Building on earlier work in which I address the role of incrementalism, I discuss the marked success of the UNCITRAL Model Law on Cross-Border Insolvency and its cognate Insolvency Regulation in the EU (the latter now into its "Recast"). As predicted/hoped, the EU Recast, joining other contemporaneous reform projects, is building upon the scaffolding of legal doctrines erected by the Model Law. This is a success for soft law. Here, however, I am using "soft law" both to define the binding force of the international instrument and the substantive ambition of its Insolvency law specificity. Soft law, thus defined, appears to have reigned triumphant.
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the dialogic aspect of soft law in international Insolvency discord digression and development
Michigan journal of international law, 2019Co-Authors: John A E PottowAbstract:Soft law is on the ascent in international Insolvency, seeming now to occupy a preferred status over boring old conventions. An arguably constitutive aspect of soft law, which some contend provides a normative justification for international law generally, is its "dialogic" nature, by which I mean its intentional exposure to recursive norm contestation and iterative development: soft law starts a dialogue. The product of that dialogue, on a teleological view, may well be hard law. In the international Insolvency realm, that pathway is through (soft) model domestic legislation that aspires toward enactment as municipal law. The happy story is that dialogue within an epistemic community can lead to salutary development. But there are also the pathologies of dialogue: discord and digression. This article discusses all three in international Insolvency, with special focus on the shiniest new thing to come out of the bankruptcy technocracy: The United Nations Commission on International Trade Law (UNCITRAL) Model Law on Recognition of Insolvency-Related Judgments. On balance, the happy story can still stand, but it needs to be candidly modified to recognize some of its warts if we are to rely upon it to guide future reform.
Weihong Chi - One of the best experts on this subject based on the ideXlab platform.
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trends and developments in chinese Insolvency law the first decade of the prc enterprise bankruptcy law
Social Science Research Network, 2016Co-Authors: Stacey Steele, Andrew Godwin, Chun Jin, Changyin Han, Yimin Ren, Weihong ChiAbstract:Insolvency law in the People’s Republic of China has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This article analyzes trends and developments in Chinese Insolvency law since the enactment of the PRC Enterprise Bankruptcy Law in 2007, focusing on the dynamic transformation of Insolvency practice, jurisprudence and the profession over the last five years. It also draws on examples from Japan to highlight that China is not alone in relation to a number of contemporary debates and developments in Insolvency law. Moreover, the article brings together academic, judicial and practitioner perspectives to examine key contemporary issues in China, including the influence of Chinese courts; the treatment of secured creditors; the professionalization, appointment and remuneration of Insolvency practitioners; and reorganizations of listed companies, unlisted real estate companies and unlisted foreign investment enterprises. The article also emphasizes the different rates of development in more sophisticated economic regions such as Shenzhen City and Zhejiang Province from which recent data and case studies are drawn. Finally, the article analyzes China’s approach to cross-border insolvencies. Whilst challenges remain, the article evidences China’s indigenous and increasingly sophisticated Insolvency framework and highlights future innovations including publication of Insolvency-related information and the potential for a personal bankruptcy regime.
Irene Mecatti - One of the best experts on this subject based on the ideXlab platform.
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deposit guarantee schemes and bank crisis management legal challenges arising from the actual eu legal framework preprint
Social Science Research Network, 2020Co-Authors: Irene MecattiAbstract:The COVID-19 crisis might affect banks too due to, in particular, the problem of npls. In the imminent future it is therefore crucial to maintain banks resolvable. But resolution is for the few, not the many. The so called "middle class" - less significant banks and significant not subject to resolution - will be liquidated under the national Insolvency procedure (not-yet-harmonized). As the liquidation, in the lack of a buyer of the bank business, might become a disorderly one, it is crucial to prevent bank Insolvency of this kind of banks. In this context, DGSs might play a fundamental role. Then, the paper will analyze the role of DGS in both liquidation and resolution, focusing on the legal constraints arising from the actual legal framework (BRRD; DGSD, Banking Communication 2013) and suggests some proposals to address and overcome them. It also takes into consideration the proposal of a fully harmonized bank Insolvency procedure, underlining the need to previously harmonized some key points (ground of Insolvency/resolution; creditor hierarchy; public intervention in resolution/liquidation).
Stacey Steele - One of the best experts on this subject based on the ideXlab platform.
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trends and developments in chinese Insolvency law the first decade of the prc enterprise bankruptcy law
American Journal of Comparative Law, 2018Co-Authors: Stacey Steele, Andrew Godwin, Jin Chun, Han Changyin, Ren Yimin, Chi WeihongAbstract:Insolvency law in the People’s Republic of China (PRC) has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This Article analyzes trends and developments in Chinese Insolvency law since the enactment of the PRC Enterprise Bankruptcy Law in 2007, focusing on the dynamic transformation of Insolvency practice, jurisprudence, and the profession over the last five years. It also draws on examples from Japan to highlight that China is not alone in relation to a number of contemporary debates and developments in Insolvency law. Moreover, the Article brings together academic, judicial, and practitioner perspectives to examine key contemporary issues in China, including the influence of Chinese courts; the treatment of secured creditors; the professionalization, appointment, and remuneration of Insolvency practitioners; and reorganizations of listed companies, unlisted real estate companies, and unlisted foreign investment enterprises. The Article also emphasizes the different rates of development in more sophisticated economic regions, such as Shenzhen City and Zhejiang Province, from which recent data and case studies are drawn. Finally, the Article analyzes China’s approach to cross-border insolvencies. Whilst challenges remain, the Article evidences China’s indigenous and increasingly sophisticated Insolvency framework and highlights future innovations including publication of Insolvency-related information and the potential for a personal Insolvency regime.
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trends and developments in chinese Insolvency law the first decade of the prc enterprise bankruptcy law
Social Science Research Network, 2016Co-Authors: Stacey Steele, Andrew Godwin, Chun Jin, Changyin Han, Yimin Ren, Weihong ChiAbstract:Insolvency law in the People’s Republic of China has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This article analyzes trends and developments in Chinese Insolvency law since the enactment of the PRC Enterprise Bankruptcy Law in 2007, focusing on the dynamic transformation of Insolvency practice, jurisprudence and the profession over the last five years. It also draws on examples from Japan to highlight that China is not alone in relation to a number of contemporary debates and developments in Insolvency law. Moreover, the article brings together academic, judicial and practitioner perspectives to examine key contemporary issues in China, including the influence of Chinese courts; the treatment of secured creditors; the professionalization, appointment and remuneration of Insolvency practitioners; and reorganizations of listed companies, unlisted real estate companies and unlisted foreign investment enterprises. The article also emphasizes the different rates of development in more sophisticated economic regions such as Shenzhen City and Zhejiang Province from which recent data and case studies are drawn. Finally, the article analyzes China’s approach to cross-border insolvencies. Whilst challenges remain, the article evidences China’s indigenous and increasingly sophisticated Insolvency framework and highlights future innovations including publication of Insolvency-related information and the potential for a personal bankruptcy regime.
