Pre-Insolvency Proceedings (inbunden)
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OUP Oxford
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625 g
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Pre-Insolvency Proceedings (inbunden)

Pre-Insolvency Proceedings

A Normative Foundation and Framework

Inbunden Engelska, 2019-02-28
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This timely new work evaluates the law regarding pre-insolvency proceedings. Setting the law in context, the book provides a conceptual framework for ideal practice, illustrating the implications of the new regime with specific practical examples.
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Recensioner i media

Tom Richter, Insolvency Intelligence It does not happen very often that the perfect product arrives on the market at exactly the perfect moment [...] Nicolas Tollenaar's Pre-Insolvency Proceedings, published by OUP earlier this year, might just be one such perfect product [...] Pre-Insolvency Proceedings is perhaps the most important and most valuable book which Europe has in this quickly growing field of debtor-creditor law at this important moment. The research is thorough, the
argumentation is rigorous and for the most part very persuasive within the chosen creditors' bargain paradigm, and the solutions [...] will stand the EU Member States in good stead as their legislatures grapple with incorporating the Directive into their national laws. For the sake of the European credit markets, it must
be hoped that the book will be read carefully in the months and years to come.

Dr Jennifer L. L. Gant, Eurofenix [The author] sets out a fascinating review and critique of the classical insolvency theory, presenting a nuanced normative framework aimed specifically at the creation and application of preventive restructuring frameworks. The research goes beyond a recommendation of the current progress toward a preventive restructuring framework in the EU to a design supported by highly critical analysis and reasons that could form the basis for future reforms. It could well be
that Tollenaar has foreseen the problems that the current frameworks will encounter and has already provided potential solutions.

Prof. Dr. Bob Wessels Tollenaar has a clear, as well as a tenacious style of writing [] A very readable, thought-provoking and clearly written study makes the book worth examining and presents sophisticated choices for legislators, academics and practitioners dealing with restructuring.

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Övrig information

Nicolaes Tollenaar is a partner at RESOR NV in Amsterdam. He specializes in corporate and bankruptcy law, and both advises and litigates on a variety of matters in this area. He has a special focus on cross-border matters and has acted on various major pan-European bankruptcies. Mr Tollenaar writes and speaks regularly on insolvency and restructuring law and practice. Although the author is a fluent English speaker he has engaged an experienced translator with whom he is working closely on the English version.


Foreword Preface About the author Abbreviations and defined terms Table of Contents 1: Introduction 2: Insolvency law: objective and justification 3: Pre-insolvency proceedings: objective and justification 4: Plan governance: a hybrid model with both a democratic and a judicial component 5: Initial observations on valuation and valuation terminology 6: The US Chapter 11 plan procedure 7: The English scheme of arrangement 8: Framework for a pre-insolvency plan procedure 9: Summary Bibliography