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2019-02-doc4 Cross-border insolvency law in Argentina

Insolvency crossing border is heavily debated. The EU has provided a legislative resonse in the Recast of the Insolvency Regulation. UNCITRAL knows close to 50 countries have adopted the Model Law, and UNCITRAL too is close to the finalisation of a separate Model Law on Group enterprise insolvency. Notwithstanding case law resulting from Yukos in the Netherlands, the legislature is… Read More »2019-02-doc4 Cross-border insolvency law in Argentina

2019-01-doc3 Modified universalism in European cross-border insolvency?

In legal theory, the regulation of cross-border insolvency is dealt with from two different angles. Under the universalist approach, cross-border insolvencies are administered pursuant to a single global insolvency regime. All of the debtor’s assets are distributed by a single insolvency office holder, regardless where the assets or claimants are located. The ideal of universalism is one court, one law… Read More »2019-01-doc3 Modified universalism in European cross-border insolvency?

2019-01-doc1 The Future of Cross-border Insolvency

In her book The Future of Cross-Border Insolvency: Overcoming Biases and Closing Gaps, University of Nottingham’s professor of international commercial law Irit Mevorach explores theoretical and practical developments in the field of cross-border insolvency. She uses a wide scope including both commercial entities and financial institutions. She also employs a broad interdisciplinary perspective, including public international law, international (soft) law… Read More »2019-01-doc1 The Future of Cross-border Insolvency

2018-12-doc5 ELI project Business Rescue in Insolvency Law – Slowly closing the curtains

With prof. Stephan Madaus, and assisted by Gert-Jan Boon, LL.M MSc, now a PhD in Leiden, we delivered in September 2017 the ELI Report on Business Rescue in Insolvency. See blog/2017-09-doc3-eli-business-rescue-report-published. As from the moment of the spark of the first ideas until now (closing our research files) we worked for 5,5 years. Including members of committees and boards within… Read More »2018-12-doc5 ELI project Business Rescue in Insolvency Law – Slowly closing the curtains

2018-11-doc11 Oxford Principles of European Union Law

When I was a young law student in Amsterdam, in the early 70s of last century, ‘European Community Law’, as it was called then, was an optional course. The very far away subject was followed by some 10 students. It intrigued me because there seemed to be a new organisation to achieve a common economic market for the six Western-European… Read More »2018-11-doc11 Oxford Principles of European Union Law

2018-09-doc3 The ‘bankruptcy’ of Rembrandt – interview BBC

In Autumn 2017, I started my research into the financial distress of Dutch Golden Age painter Rembrandt. More specifically I am interested in the cessio bonorum proceedings, which started in 1656. See blog/2017-11-05-rembrandt. The BBC intends to broadcast a 3 times 60 minutes programme and it was with great pleasure that I was interviewed yesterday by Tim Niel and his… Read More »2018-09-doc3 The ‘bankruptcy’ of Rembrandt – interview BBC

2018-06-doc8 Applying EU Insolvency Regualtion in Practice

During 2016 and 2017 researchers of universities or research-institutes of Genoa, Sofia, Prague, Mainz, Riga, Valencia, Amsterdam and Glasgow have developed best practices in cross border cases for the survival of distressed companies. The project was co-funded by the Action grants programme to support judicial cooperation in civil and criminal matters of the European Commission. Aligning with a practical comparative… Read More »2018-06-doc8 Applying EU Insolvency Regualtion in Practice

2018-06-doc7 Book on Transaction avoidance in insolvency

The book shortly announced here was published for the first time in 2002. The second edition appeared in 2011, and now, 7 years later, the third edition is published: Transaction Avoidance in Insolvencies, mainly authored by Rebecca Parry, James Ayliffe QC, and Sharif Shivji, published by Oxford University Press (ISBN 978 0 19 879340 3). Significant developments have found their… Read More »2018-06-doc7 Book on Transaction avoidance in insolvency

2018-06-doc5 American Bankruptcy Institute publishes book on EU Insolvency Regulation (Recast)

In July 2018 the fourth edition will be published by the American Bankruptcy Institute (ABI) of the book European Union Regulation on Insolvency Proceedings: An Introductory Analysis. The first edition dates from 2003, the third from 2010. The new edition I have written with my Leiden colleague Ilya Kokorin, lecuturer company and insolvency law. The book describes the key points… Read More »2018-06-doc5 American Bankruptcy Institute publishes book on EU Insolvency Regulation (Recast)