Search results for "Insolvency proceeding"
showing 10 items of 12 documents
Chapter 1. Security Rights under Article 5 of the Insolvency Regulation and Article 8 of the ‘Recast’
2017
This chapter contains an overview of the issues put at stake. In particular, it deals, on the one hand, with the prescriptions on security rights in rem laid down by both EU Regulation 1346/2000 and EU Regulation 2015/848, and, on the on the other hand, with the misalignment that these prescriptions produce at national level.
Arts. 34-40 EIR
2016
The comments on Arts. 34-40 of EU Regulation 2015/848 deal with opening of secondary insolvency proceedings. These comments systematically tackle the prerequisites required for the opening of secondary insolvency proceedings, the relationship between main and secondary proceedings and the duties of cooperation that are put on the courts and the insolvency practitioners of both main and secondary proceedings. A particular attention is devoted to the introduction of the so-called “Undertaking to Avoid the Opening of Secondary Insolvency Proceedings” (Art. 36).
Art. 40
2022
This comment deals with Art. 40 of Regulation (EU) 2015/848 and, more specifically, with the advance payment of costs and expenses that are necessary to open secondary proceedings.
Art. 38 - Decision to open secondary insolvency proceedings
2022
This comment deals with Art. 38 of Regulation (EU) 2015/848 and, more specifically, with the decision to open secondary proceedings.
Art. 39
2022
This comment deals with Art. 39 of Regulation (EU) 2015/848 and, more specially, with the judicial review of the decision to open secondary. proceedings.
Comments on Art. 34
2022
This comment deals with the regulation on opening of secondary proceedings in Regulation (EU) 2015/848
Art. 37
2022
This comment deals with Art. 37 of Regulation (EU) 2015/848 and, more specifically, with the right to request the opening of insolvency proceedings.
Art. 36 - Right to give an undertaking in orden to avoid secondary insolvency proceedings
2022
This comment deals with Art. 36 of Regulation (EU) 2015/848 and, more specifically, with the right of the insolvency practitioner in main proceedings to give an undertaking in order to avoid secondary proceedings.
Chapter 2. Transactional Avoidance and the Insolvency Regulation
2017
This chapter deals with application to security rights in rem of the prescriptions on transactional avoidance laid down by both EU Regulation 1346/2000 and EU Regulation 2015/848.
Comments on Art. 35
2022
This comment deals with Art. 35 of Regulation (EU) 2015/848 and, more specifically, with the law which is applicable to secondary insolvency proceedings.