Search results for "insolvency"
showing 10 items of 63 documents
Simplified restructuring proceedings in Poland as an example of anti – crisis regulation due to the COVID-19 pandemic
2020
Summary The study discusses new legislative anti – crisis solutions adopted in Poland in connection with the COVID – 19 pandemic. The Polish legislator decided to introduce the so-called simplified restructuring procedure. This happened in the face of the expectations of both the jurisprudence of law and practice. On the one hand, the simplified restructuring procedure (the fifth independent type of restructuring procedure for an entrepreneur in Poland) allows for a quick, cheap and simplified conclusion of an arrangement with creditors outside the court, then approved by the court. On the other hand, the opening of such proceedings gives the debtor protection against enforcement at the cre…
Data as an asset in an insolvency procedure
2021
When a business becomes insolvent, assets that has selling value prevails within the insolvency process. Understanding if personal data can be classified as an asset and whether it can be sold when facing insolvency proceedings is determined in this Thesis. General Data Protection Regulation safeguards personal data of the EU data subjects including processing of such data. This regulation protects the EU data subjects also outside of the EU or EEA. Processing that includes sale of personal data is made possible if full compliance with the Regulation is applied. Legal basis for such processing that is required for the processing to be legal includes legal obligation arising from insolvency.…
Nabycie nieruchomości od podmiotu niewypłacalnego lub zagrożonego niewypłacalnością ‒ zagadnienia dotyczące terminów zaskarżania nabycia nieruchomości
2022
Dłużnik zagrożony niewypłacalnością często zbywa lub obciąża wartościowe składniki swego majątku. W ten sposób może doprowadzić do niemożliwości zaspokojenia wierzycieli. Przy spełnieniu określonych przesłanek wierzyciele mogą zaskarżyć czynności prawne dłużnika z wykorzystaniem skargi pauliańskiej (art. 527 i n. k.c.). W przypadku ogłoszenia upadłości dłużnika prawo zaskarżenia czynności dotyczącej pokrzywdzenia wierzycieli masy upadłości realizuje syndyk masy upadłości. Nabywca nieruchomości winien mieć świadomość ryzyka, jakie wiąże się z nabyciem nieruchomości od podmiotu niewypłacalnego albo zagrożonego niewypłacalnością. Ocena ryzyko winna uwzględniać sankcję bezskuteczności względnej…
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.
Medidas durante el COVID-19 y Derecho mercantil (Parte II: Derecho concursal).
2020
The crisis generated by the COVID-19 pandemic has forced it to take multiple measures of different kinds to mitigate its effects during the Alarm State. These measures include those that have effects on various commercial law institutions, such as those relating to insolvency issues.
Blockchain Securities, Insolvency Law and the Sandbox Approach
2018
Blockchain is a new technology that is based on an algorithm which allows participants of an IT network to process, store and share data across multiple points without the need for any intermediary, at least in order to ensure the integrity of the data dealt with. This technology is simplifying financial markets—many organizations are launching initial coin offerings to facilitate the financing of new business ventures; moreover, ‘securities’ that are issued in such a digital form can be bought and sold in the secondary market without the intervention of the traditional intermediaries. However, this use of blockchain could give rise to many problems which, in this article, will be analysed …
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).
La nuova composizione negoziale della crisi d'impresa tra procedimento amministrativo e autorità giurisdizionale
2023
The contribution aims to deepen the lines of development of the national discipline that, in the wake of the Insolvency Directive, stabilizes the emergency discipline of negotiated settlement as an instrument and extrajudicial path that fits into the order of competences of the system of Chambers of Commerce, Industry, Crafts and Agriculture. In particular, the reflection aims to investigate the role and usefulness of the 'administrative management' system of the predictive elements of the crisis and insolvency between administrative procedure and consequences in terms of outcomes and possible legal phases.
The Insolvency of Cryptocurrency Exchanges: Lessons from the BitGrail Case — Reification of Coins, Pari Passu Ranking, and Nominalism
2019
This paper deals with a recent trend in insolvency of cryptocurrency platforms; comments on the BitGrail case (Court of Florence 17/2019, 21 January 2019) and argues that this decision balances the need to grant legal protection to the injured users and the need to prevent them from having the status of owners, jumping the queue and getting a head start over the other creditors of the platform.
Assessment of the Insolvency Risk in Companies Listed on the Bucharest Stock Exchange
2019
Abstract The present study presents, from the theoretical and pragmatic point of view, 6 of the established score models regarding the assessment of the insolvency risk, belonging to the Anglo-Saxon, Continental and Romanian schools. The research sample is made up of 26 companies belonging to the hotel industry and restaurants, listed on the Bucharest Stock Exchange. The research was carried out over a period of 11 years (2007-2017). Following the application of the score models, it was found that during the period covered by the research, a number of 14 companies had a relatively high insolvency risk and 12 of them had a relatively low insolvency risk.