Full Description
This book examines confidentiality, secrecy and privilege issues in insolvency proceedings for corporates and banks. It attempts to fill the gap that the authors have identified. Bankruptcy and insolvency legal research, in particular, seem to lack clear definitions, incomplete laws and cases with respect to the application of these three themes in corporate insolvency and bank resolution proceedings. Moreover, there are still inconsistent views and opinions of judicial authorities across different jurisdictions about these topics. The study deliberately has a focused aim by arranging a unique collection of rules and court cases, approached from different perspectives of relevant stakeholders. It provides a mapping exercise with sources and commentary aimed at practitioners and scholars of insolvency law, which will come to more light and depth in legal environments that in themselves present a legal framework. Also, this book will serve as a preliminary research for additional research projects and other publications.
Contents
Preface; List of Abbreviations; 1 Introduction; 2 The Concepts of Confidentiality, Secrecy and Privilege; 3 Debtors; 4 Insolvency Practitioners; 5 Courts and Insolvency Authorities; 6 Creditors; 7 Other Stakeholders; 8 Banks (As Professional Service Providers); 9 Banks (As Debtors); 10 Resolution Authorities and Other Agencies; 11 Summary and Conclusions; Bibliography; Annex I: List of cases; Annex II: Duty of confidentiality for insolvency practitioners; Annex III: Duty of confidentiality for courts; Annex IV: Selected List of Regulations
