Expedited Corporate Debt Restructuring in the EU

Edited by Rodrigo Olivares-Caminal

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

Expedited Corporate Debt Restructuring in the EU

Edited by Rodrigo Olivares-Caminal

Description

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.

Expedited Corporate Debt Restructuring in the EU

Edited by Rodrigo Olivares-Caminal

Theoretical Analysis
1:Expedited Corporate Debt Restructuring: Conceptual Framework and Practical Issues, Rodrigo Olivares-Caminal
Jurisdictional Analysis
2:Austria, Alexander Isola & David Seidl
3:Belgium, Michèle Grégoire
4:Bulgaria, Angel Ganev and Simeon Simeonov
5:Croatia, Vladimir Mamic, Nikola Kokot, Branimir Zarkovic and Nera Popovic
6:Cyprus, Elias Neocleous and Panos Labropoulos
7:Czech Republic, Tomas Richter
8:Denmark, Pernille Bigaard
9:England and Wales, Ken Baird, Jamila Khokhar, Geoff O'Dea, and Katharina Crinson
10:Estonia, Kadri Kallas and Triin Tigane
11:Finland, Mika Salonen and Jyrki Tähtinen
12:France, Philippe DuBois, Joanna Gumpelson and Pauline Bournonville
13:Germany, Lars Westpfahl and Simone Schönen
14:Greece, Yannis Manuelides, Alexandros Metallinos and Marialeta Moumtzoglou
15:Hungary, Erika Papp
16:Ireland, William Day, Eugene McCague and Emily Hogan
17:Italy, Antonio Auricchio and Rita Gismondi
18:Latvia, Lauris Lieper
19:Lithuania, Zilvinas Zinkevicius and Sandra Prichozaj
20:Luxembourg, Henri Wagner and François Guillaume de Liedekerke
21:Malta, Louis de Gabriele and Henri Mizzi
22:The Netherlands, Robert van Galen
23:Poland, Paula Gomes Freire, Joana Dominques and Maria Eliseu
24:Portugal, Lech Gilicinski
25:Romania, Ana-Maria Placintescu and Marius Barladeanu
26:Slovakia, Renátus Kollár, Martina Kasemová and Matús Kudlák
27:Slovenia, Markus Bruckmüller
28:Spain, Ángel Alonso Hernández and Álvaro Font Trancho
29:Sweden, Odd Swarting and Mathias Winge
Cross-Jurisdictional Issues
30:Tax Implications in the EU, Daniel Dürrschmidt
31:Competition Law Implications in the EU, Ioannis Kokkoris
32:Procedural Law Implications in the EU under the Insolvency Regulation, Graham Lane and Iben Madsen
Comparative Tables

Expedited Corporate Debt Restructuring in the EU

Edited by Rodrigo Olivares-Caminal

Author Information

Edited by Rodrigo Olivares-Caminal, Reader in Banking and Finance Law, Queen Mary University of London

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.

Contributors:

Rodrigo Olivares-Caminal
Alexander Isola
Michele Gregoire
Simeon Simeonov and Angel Ganev
Vladimir Mamic
Elias Neocleous and Panos Labropoulos
Tomas Richter
Pernille Bigaard
Kadri Kallas and Triin Tigane
Jyrki Tahtinen
Jacques Henrot, Philippe Dubois and Joanna Gumpelson
Lars Westpfahl and Simone Schonen
Yannis Manuelides
Erika Papp
William Day
Rita Gismondi and Antonio Auricchio
Lauris Liepa
Zilvinas Zinkevivius and Sandra Prichozaj
Henri Wagner and Francois Guillaume de Liedekerke
Louis de Gabriele and Henri Mizzi
Robert van Galen
Lech Gilicinski
Paula Gomes Freire, Joana Dominques and Maria Eliseu
Ana-Maria Placintescu
Renatus Kollar, Martina Kasemova and Matus Kudlak
Markus Bruckmueller
Angel Alonso and Alvaro Font
Mathias Winge and Odd Swarting
Geoff O'Dea, Ken Baird, Jamila Khokhar and Katharina Crinson

Expedited Corporate Debt Restructuring in the EU

Edited by Rodrigo Olivares-Caminal

Reviews and Awards

"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

Expedited Corporate Debt Restructuring in the EU

Edited by Rodrigo Olivares-Caminal

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