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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Rescuing Companies in England and Germany

ISBN13: 9780199644216
Published: March 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £107.50

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This book examines the circumstances under which a company needs restructuring, and for which companies that would be possible given the nature of the corporation and the economic viability. It discusses the criteria for judging whether a reorganization has been a success.

Bork considers the legal mechanisms involved in restructuring including the extent to which the law provides the rules for a moratorium and the rights creditors may exercise over the debtor's assets. It also tackles the legal processes and how a reorganization can be commenced.

Other aspects considered include special rules for terminating or modifying disadvantageous contracts including contracts of employment, and costs of restructuring procedures under given legal conditions.

Providing a thorough consideration of the extent to which English and German company law (including the proposed changes to German law) enhances or limits the prospects of businesses seeking to reorganize, this work offers a valuable reference source for practitioners advising companies on where to base their restructuring and gives scholars further research material concerning the remaining issues in English and German restructuring law.

Insolvency Law, European Jurisdictions
1: Principles
1: Introduction: Cause for investigation
2: Practical considerations
3: The interests involved
4: Fundamental issues in restructuring law
2: An overview of restructuring law
5: The restructuring process in Germany
6: The restructuring process in England
3: Individual aspects of regulation
7: Initiating proceedings
8: Triggering circumstances
9: Parties to the process
10: Moratorium
11: Securing liquidity
12: Contractual relationships
13: Securities
14: Limitations on creditors' rights
15: Company law measures
16: Credit for restructuring
17: The decision on the restructuring plan
18: Supervising restructuring
4: Special situations
19: Cross-border restructuring
20: Group company insolvency
21: Taxation aspects
5: Analysis
22: ;