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Vol 21 No 11 Nov/Dec 2016

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Expedited Debt Restructuring: An International Comparative Analysis

Edited by: Rodrigo Olivares-Caminal

ISBN13: 9789041124852
Published: August 2007
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £134.00



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A number of recent economic crises have catalyzed revision and amendment of insolvency law regimes around the world. The upshot generally is that expedited debt restructuring procedures are now widely available, primarily through the limitation of court intervention, and the ever-feared problem of holdout creditors has been greatly diminished.

The mechanisms involved, however, vary considerably from one country to the next, so that, in order to take advantage of expedited debt restructuring, company lawyers must be aware of currently applicable insolvency laws in many different jurisdictions. Providing that awareness in practical detail is the purpose of this book. Thirteen national jurisdictions are covered in depth. There are also general chapters on the global impact of merger legislation in the European Union and the United States, tax regimes, and private international law.

Among the salient factors discussed in context as they arise are the following:-

  • a company’s debt-to-equity ratio;
  • the role of hedge funds;
  • the role of private equity firms;
  • and currency mismatches.
The authors each an expert in his or her own country’s insolvency law regime provide precise information on the eligibility requirements, restrictions, and other provisions of the laws they discuss. They also analyze the important relevant cases in their jurisdictions.

Subjects:
Insolvency Law
Contents:
Foreword.
About the Authors.
Preface.
1. Introduction: Formal Processes and Alternative Mechanisms of Reorganization in International Initiatives on Insolvency
A. Rouillon.
2. Argentina: Expedited Debt Restructuring under Argentine Law: Acuerdo Preventivo Extrajudicial (APE)
R. Olivares-Caminal.
3. Australia: Voluntary Administration Leading to a Deed of Company Arrangement
I. Walker.
4. Brazil: Brazil’s Two New Mechanisms for Out-of-Court Reorganizations: >Homologation of Consensus and Enforcement of Agreement
L. F. Valente de Paiva.
5. Canada: Canada’s Expedited Debt Restructuring
K. P. McElcheran.
6. England & Wales: Schemes of Arrangement and Company Voluntary Arrangements
S. Bewick, M. Fennessy, D. Marks.
7. France: The Idiosyncracy of the French Judicial System and its Preventive Procedures for Expedited Debt Restructurings
I. Didier.
8. Hong Kong: Corporate Rescue in Hong Kong
C. D. Booth, S. Briscoe, P. Smart.
9. India: The Corporate Debt Restructuring Mechanisms in India
R. Luthra.
10. Italy: Article 182bis of Law 80/2005 and the Code of Conduct to Restructure Debt Issued by the Italian Bank Association
A. Auricchio.;
11. Japan: Expedited Corporate Debt Restructuring in Japan
S. Takagi.
12. Poland: Out of Court Debt Restructuring in Poland
L. Giliciński.
13. Turkey: Pre Packaged Corporate Restructuring Mechanism under the Turkish Execution and Bankruptcy Law
S. Simavi.;
14A. USA: The United States Expedited Proceedings: Pre-Packaged Chapter 11 Plans
L. P. Granfield, A. de la Cruz.;
14B. USA: American Bankruptcy Reform and Creativity Prompt the In re Blue Bird Body Company One-Day Pre-Packaged Plan of Reorganization
J. M. Goffman, M. A. McDermott, K. Ramlo.;
15. Private International Law Implications of Expedited Corporate Debt Restructurings
G. Arends.
16. The Tax Consequences of Corporate Debt Restructuring
D. Dürrschmidt.
17. Implications of Merger Legislation for Corporate Restructuring
I. Kokkoris.
Annex.