International Insolvency Review最新文献_第9页

Debt restructuring, By Rodrigo Olivares-Caminal, Randall Guynn, Alan Kornberg, Eric McLaughlin, Sarah Paterson and Dalvinder Singh ( 3rd edition) (2022, OUP, New York). lxviii and 809 pages, £250.00, ISBN: 978-019-28481-0-9 债务重组，Rodrigo Olivares Caminal、Randall Guynn、Alan Kornberg、Eric McLaughlin、Sarah Paterson和Dalvinder Singh著（第3版）（2022年，纽约大学出版社）。lxvii和809页，250.00英镑，国际标准图书编号：978-019-28481-0-9

IF 0.6 3区社会学

International Insolvency Review Pub Date : 2023-07-19 DOI: 10.1002/iir.1497

Zinian Zhang

引用次数: 0

Governmental responses mitigating the impact of COVID-19 on small and medium-sized enterprises and the case for insolvency law reforms in Hong Kong 缓解新冠肺炎对中小企业影响的政府应对措施以及香港破产法改革案例

IF 0.6 3区社会学

International Insolvency Review Pub Date : 2023-07-19 DOI: 10.1002/iir.1496

Wai Yee Wan

{"title":"Governmental responses mitigating the impact of COVID-19 on small and medium-sized enterprises and the case for insolvency law reforms in Hong Kong","authors":"Wai Yee Wan","doi":"10.1002/iir.1496","DOIUrl":"https://doi.org/10.1002/iir.1496","url":null,"abstract":"The COVID-19 crisis has triggered unprecedented governmental responses around the world to mitigate the effects of the pandemic, with particular attention being given to small and medium-sized enterprises (SMEs). Governments around the world have implemented economic measures in the form of direct subsidies or government-guaranteed loans, and legislated to provide mandatory relief from contractual obligations. In addition, increasing recognition of the limitations of insolvency regime in addressing the crisis for SMEs prompted many jurisdictions to change their laws. However, consistent with its free market principles, Hong Kong has only adopted economic measures and has provided limited contractual relief in favour of SME tenants. There is no SME-specific insolvency law nor is the Hong Kong government currently considering any such law reform. This article reviews the need for a temporary insolvency regime to cater to distressed but economically viable SMEs restructure their debts. Drawing on a set of interviews with Hong Kong SME owners, this author finds that they are often unaware of how insolvency law operates, their unsecured creditors are apathetic, and bankruptcy stigmatism is high. Based on a review of the frameworks in the other advanced common law jurisdictions such as the United States, Australia and Singapore, a recommendation for a simplified restructuring and liquidation framework is developed. The process is designed to be simplified and expedited and it incentivises early negotiations with creditors.","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":"32 2","pages":"289-308"},"PeriodicalIF":0.6,"publicationDate":"2023-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50137652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Natural person ltd.: Towards a unified discharge regime for entrepreneurs and consumers 自然人有限公司：为企业家和消费者建立统一的排放制度

IF 0.6 3区社会学

International Insolvency Review Pub Date : 2023-04-19 DOI: 10.1002/iir.1493

Gauthier Vandenbossche

{"title":"Natural person ltd.: Towards a unified discharge regime for entrepreneurs and consumers","authors":"Gauthier Vandenbossche","doi":"10.1002/iir.1493","DOIUrl":"https://doi.org/10.1002/iir.1493","url":null,"abstract":"Personal insolvency proceedings are increasingly fulfilling an economic function, aimed at the rehabilitation of the debtor. The idea of the fresh start and second chance, including an early discharge of residual debts, is an important illustration thereof. Despite the fact that this evolution is noted in all personal insolvency procedures, both with regard to entrepreneurs and consumers, debt discharge used to be easier to justify and more readily granted to entrepreneurs (traders) than to non-entrepreneurs. Clear examples of the discomfort legislators seem to have with discharging unpaid debts of consumers are the EU Member States that differentiate between commercial and consumer insolvency procedures. In addition, the narrative of promoting entrepreneurship is now driving EU insolvency reforms. That (narrow) focus leads Directive 2019/1023/EU to make the same distinction between insolvent individual entrepreneurs and other natural persons, offering the former a full discharge of debt after a reasonable period of time, while providing no mandatory discharge principles for the latter. This means that not all natural persons are equal when it comes to the possibility of having a second chance, despite compelling evidence that shorter discharge periods lead to more productive individuals. The question therefore arises as to whether EU Member States should run separate discharge systems for entrepreneurs and consumers, and whether this is justified in relation to its purpose. Focusing on natural persons in an insolvency context, this article argues that the objectives of providing a fresh start and second chance, by promoting debt discharge, are as relevant for consumer debtors as they are for entrepreneurs.","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":"32 1","pages":"122-155"},"PeriodicalIF":0.6,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50146306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Valuation of cryptoassets in EU insolvency: Challenges and prospects 欧盟破产中加密资产的估值：挑战和前景

IF 0.6 3区社会学

International Insolvency Review Pub Date : 2023-04-14 DOI: 10.1002/iir.1490

Theodora Kostoula

引用次数: 1

Global trends in the treatment of local public entities in distress: A principled approach 处理陷入困境的地方公共实体的全球趋势：原则性做法

IF 0.6 3区社会学

International Insolvency Review Pub Date : 2023-04-13 DOI: 10.1002/iir.1494

Laura N. Coordes, Yseult Marique, Eugenio Vaccari

引用次数: 0

A comparative analysis of the Australian and New Zealand liquidation schemes 澳大利亚和新西兰清算方案的比较分析

IF 0.6 3区社会学

International Insolvency Review Pub Date : 2023-04-05 DOI: 10.1002/iir.1492

Lynne Taylor

{"title":"A comparative analysis of the Australian and New Zealand liquidation schemes","authors":"Lynne Taylor","doi":"10.1002/iir.1492","DOIUrl":"https://doi.org/10.1002/iir.1492","url":null,"abstract":"On September 28, 2022, Australia announced an inquiry into the effectiveness of its corporate insolvency laws. The Australia and New Zealand corporate insolvency frameworks have similar objectives and operate in a similar context where, as is the case the world over, most companies are small to medium enterprises. Despite liquidation being just one of several collective and formal corporate insolvency procedures, it is the most frequently occurring procedure in both countries by a large margin. The Australian and New Zealand liquidation schemes have many similarities but also some key differences. Differences include the structure of the respective schemes; the levers prompting liquidation of companies in appropriate circumstances; the role of creditors, the court and the regulator; and the management of low-value and assetless liquidations. These differences are analysed to determine what, if anything, the New Zealand scheme might contribute to development and/or reform of Australian corporate insolvency law. As consistency and coordination with Australian insolvency law is a New Zealand policy aim, the lessons the Australian scheme might have for New Zealand are also considered. Many of the points on which the Australian and New Zealand liquidation schemes differ are of universal concern (such as the management of low-value liquidations), meaning that the nature and success (or otherwise) of the Australian and New Zealand responses are of wider, comparative interest.","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":"32 1","pages":"60-92"},"PeriodicalIF":0.6,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/iir.1492","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50121419","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

EU insolvency law: Cross-border insolvency law in comparative focus Gerard McCormack ( first edition), Cheltenham: Elgar. 2022. pp. 330. £295. ISBN: 978-1-80037-612-0 欧盟破产法：比较关注的跨境破产法Gerard McCormack（第一版），切尔滕纳姆：埃尔加。2022，第330页。295.亿英镑：978-1-80037-612-0

IF 0.6 3区社会学

International Insolvency Review Pub Date : 2023-04-04 DOI: 10.1002/iir.1495

Emilie Ghio

引用次数: 0

Chinese cross-border insolvency laws: Recent developments and international implications 中国跨境破产法的最新发展及其国际影响

IF 0.6 3区社会学

International Insolvency Review Pub Date : 2023-04-02 DOI: 10.1002/iir.1491

Shuai Guo, Jieche Su

引用次数: 0

BTI 2014 LLC v Sequana SA and others [2022] UKSC 25 BTI 2014 LLC诉Sequana SA等人【2022】UKSC 25