Full Description
This comprehensive book provides a clear analysis of the main features of the European Insolvency Regulation 2015/848, within the context of previous EU initiatives, as well as addressing the contrasting objectives of universalism and territorialism which underpin cross border insolvency law. It measures the EU regulations against the UNCITRAL Model Law on Cross Border Insolvency and compares this with how the Model Law has been implemented elsewhere, such as in the US and the UK.
Taking an accessible approach, Gerard McCormack examines key aspects of the regulations such as the opening of main and secondary insolvency proceedings, as well as applicable law and special rules in respect of security rights, rights in rem, transactional avoidance and set-off rights. Chapters also cover recognition of the opening of insolvency proceedings and of insolvency and related judgements, interactions between mean and secondary proceedings, the role of insolvency practitioners and courts, and the treatment of creditors.
EU Insolvency Law will be critical reading for lawyers working in insolvency law, as well as other insolvency practitioners such as accountants. It will also be of interest to academics and students in the field, as well as policy makers in the EU and elsewhere, including national officials.
Contents
Contents: Preface 1. The EU Insolvency Regulation: cross-border recognition and enforcement across Europe 2. Main insolvency proceedings 3. Secondary and territorial proceedings 4. Insolvency-related Actions 5. Applicable law - the general rule 6. Applicable law 2: special cases and exceptions 7. Courts, insolvency practitioners, creditors and groups of companies 8. Recognition and enforcement of insolvency proceedings and insolvency-related judgments 9. UNCITRAL Model Law on Cross-Border Insolvency compared with the European Insolvency Regulation 10. Public policy and the enhanced Model Law regime Index
