This book constitutes the first holistic and comprehensive analysis of corporate debt restructuring law through the lens of viability. Viability has been a largely unexplored notion in European and English scholarship, and in the US there has not yet been any systematic examination of the Chapter 11 provisions through the lens of viability. Yet, the notion is of pivotal importance because it determines which debtors are worth being rescued.
In this book, Lydia Tsioli conducts an in-depth examination of Chapter 11, English restructuring frameworks and the European Directive on restructuring and insolvency. Through this examination Tsioli uncovers, critically evaluates and makes proposals for the optimal reflection of viability on their provisions, and consequently the increased ‘filtering efficiency’ of such frameworks. These proposals can provide invaluable guidance for both the upcoming review of the European Directive in 2026 and the ongoing development of American and English restructuring law.
Viability in Corporate Debt Restructuring Law explores a notion that constitutes corporate debt restructuring’s most fundamental pillar. It serves as an essential resource for all those working in restructuring and insolvency law globally: scholars, students, policymakers, practitioners and judges.
