European Insolvency Proceedings : Commentary on Regulation Eu 2015/848 of the European Parliament and of the Council of 20 May 2015 on Insolvency Proceedings Recast

Filipiak, Patryk (EDT); Hrycaj, Anna (EDT)

ISBN 10: 9403534109 / ISBN 13: 9789403534107

Published by Kluwer Law Intl, 2021

About this Item

Seller Inventory # 43832343-n

Bibliographic Details

• Title: European Insolvency Proceedings : Commentary on Regulation Eu 2015/848 of the European Parliament and of the Council of 20 May 2015 on Insolvency Proceedings Recast
• Publisher: Kluwer Law Intl
• Publication Date: 2021
• Language: English
• ISBN 10: 9403534109
• ISBN 13: 9789403534107
• Binding: Hardcover
• Condition: New

About this title

Synopsis

In the European Union, the effectiveness of judicial protection granted to a business or consumer in crisis depends on the extent and manner in which court rulings in bankruptcy and restructuring cases are recognised in all Member States. This article-by-article commentary on Regulation (EU) 2015/848  provides expert guidance through the entire course of insolvency proceedings, clearly showing how to solve specific problems that arise in insolvency cases with a cross-border element, including aspects such as jurisdiction, applicable law,  recognition and enforceability of judgments and coordination of group of companies’ insolvencies.

For any party instituting an insolvency proceeding in an EU Member State, the commentary provides such detailed guidance as the following:

• identifying the appropriate internationally competent court for filing;
• terms pursuant to which a judgment can be recognised;
• duties of an insolvency practitioner (IP);
• IP’s authority in the territory of another state;
• IP’s obligations towards creditors in another state;
• rights of foreign creditors;
• admissibility of conducting secondary insolvency proceedings;
• conducting simultaneous insolvency proceedings against the same debtor;
• permissible forms of contact and cooperation between judges and parties to the proceedings; and
• conducting proceedings involving a group of companies.

An important feature of the commentary highlights the standpoints of lawyers from Central and Eastern Europe, where the commercial judiciary operates in a distinctly different way from that in countries with a well-established market economy system. Interpretation of provisions of the Regulation by lawyers from this part of Europe enhances the scope of legal argument both in the economic sphere and in the sphere of justice.

With its detailed and in-depth description of international jurisdiction, recognition, and universal and territorial effects of insolvency proceedings, this practical book will be welcomed by counsel to business persons conducting international activity, trustees in bankruptcy, tax advisers, court enforcement officers, academics dealing with insolvency law, banks dealing with the collection of receivables, and debt collection companies. In addition, as a contribution to the debate on the optimal model for the international consequences of insolvency proceedings, its discussion of issues related to national jurisdiction, bankruptcy and restructuring of groups of companies, and international judicial cooperation will be particularly valuable for researchers.

About the Author

Patryk Filipiak, Doctor of Law, a Qualified Licensed Restructuring Adviser, Partner and founder of the FILIPIAK BABICZ LEGAL, President of Board in Zimmerman Filipiak Restrukturyzacja S.A. He is the co-author of the new Restructuring Law. For legislative work he was awarded an order of the Minister of Justice for service for administration of justice. He is an assistant professor and lecturer at Adam Mickiewicz University in Poznan, where he teaches bankruptcy and reorganisation law, a member of INSOL EUROPE, the Business Law Team of the Minister of the Economy and the Team of the Minister of Justice for Amendment of the Bankruptcy and Reorganisation Law. He is an expert of the World Bank, a member of the Association of Restructuring Practitioners and the Bankruptcy Section of the Allerhand Institute. He is the co-author and editor of a commentary on the Restructuring Law, a commentary on consumer insolvency and a commentary on Regulation 1346/2000 on Insolvency Proceedings. He is also the co-author of the System of Bankruptcy and Restructuring Law and several dozen other publications on business law. He specialises in crisis management, restructuring of troubled businesses, management of assets of insolvent businesses and individuals, and in the protection of creditors’ rights in relation to the insolvency of their debtors. He has held the position of an interim court-appointed supervisor, supervisor, administrator and an official receiver in many proceedings before the bankruptcy court. Dr hab. Anna Hrycaj, prof. UŁ, is a graduate of the Faculty of Law and Administration at the Adam Mickiewicz University in Poznan“. She received her doctorate at the Faculty of Law and Administration of the Adam Mickiewicz University in Poznan“ (2006). She obtained her postdoctoral degree at the Faculty of Law and Administration of the Adam Mickiewicz University in Poznan“ (2012). She is a lecturer in the Law faculty. Since 2016, she is a lecturer at the Faculty of Law and Administration of Lazarski University. Research areas: civil proceedings, insolvency law, civil law Prof. Dr hab. Feliks Zedler, Full professor at the Institute of Law of the University of Warsaw, Head of the Department of Private Law of the Institute of Law of the University of Warsaw. For many years a member of legislative teams, including a member of the Civil Law Codification Committee at the Minister of Justice and the main author of the Act of 28 February 2003 Bankruptcy and Rehabilitation Law. He graduated from the Adam Mickiewicz University in 1965 and remained in his home faculty for the rest of his professional life. As a researcher, he was promoted to the next level. In the years 1966-1972 – assistant, 1972-1978 – assistant professor, 1978-1986 – assistant professor, in 1986 – professor. In 1995 he was appointed full List of Authors vi professor. After graduation, he also completed judicial training and passed the judge’s exam in 1967. He completed two academic courses: a course in comparative law (Strasbourg, 1972) and an American course (Leida, 1978). He was a visiting professor at the Collegium Polonicum in Słubice. He held a number of positions in various bodies. In 1982-1993, he was a member of the disciplinary committee at the General Council for Higher Education. In his faculty he was the head of postgraduate studies for notaries in 1984-1987. Member of state commissions: Member of the Civil Law Reform Committee at the Minister of Justice in 1989-1997 and the Civil Law Codification Committee since 1996. Member of the European Association of Insolvency Law Lawyers and the Poznan“ Society of Friends of Science. He received Minister’s awards in years: 1974, 1977, 1987, 1996. He was awarded the Knight’s Cross of the Order of Polonia Restituta.