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2017-06-doc8 Standard forms for use under the EIR Recast

OJ L 160/1 of 22 June 2017 publishes the European Commission’s regulation ‘… to ensure uniform conditions for implementing Regulation (EU) 2015/848’, with several forms. The regulation contains 4 of these forms: (i) the standard notice form to be used to inform known foreign creditors of the opening of insolvency proceedings (Art. 54(3) EIR 2015), (ii) the standard claims form… Read More »2017-06-doc8 Standard forms for use under the EIR Recast

2017-06-doc4 EU Insolvency law after Brexit

BREXIT AND THE FUTURE OF EUROPEAN INSOLVENCY Discussion between Gabriel Moss Q.C. and prof. Bob Wessels European Law Academy, Trier, 8 June 2017 Short notes Wessels Approach can be idealistic (let’s keep as much of the Insolvency Regulation in place) versus realistic. The latter is mine: so, in the absence of any specific agreement, the UK will have the status… Read More »2017-06-doc4 EU Insolvency law after Brexit

2017-06-doc3 Fifth edition Fletcher – The Law of Insolvency

Some legal academics have a prominent influence in their field of expertise for some decades. For English insolvency law such an academic is Ian Fletcher, an emeritus professor of International Commercial Law, University College London. Even though having a time-honoured status, Fletcher is not retired, rather he is still active. Last month he delivered – via his publisher Sweet &… Read More »2017-06-doc3 Fifth edition Fletcher – The Law of Insolvency

2017-05-doc7 EU Bank Insolvency Law – new book

Hazelhoff Centre for Financial Law series includes a new publication: New Bank Insolvency Law for China and Europe, Volume 2: European Union. It’s over 200 pages and has been written by prof. Matthias Haentjens, Lynette Janssen, PhD candidate and myself, all from Leiden Law School. The current volume provides a comprehensive analysis of the current EU bank insolvency framework, discusses… Read More »2017-05-doc7 EU Bank Insolvency Law – new book

2017-05-doc4 Insolvency registers in the EU

Under the new Insolvency Regulation Member States will be required to publish relevant information on cross-border insolvency cases in a publicly accessible electronic register. The aim is to improve in the EU the provision of information to relevant creditors and courts, and to prevent the opening of parallel insolvency proceedings. Furthermore, in order to facilitate access to that information for… Read More »2017-05-doc4 Insolvency registers in the EU

2017-05-doc3 On lawyers’ inefficient teamwork

Many societies recognise concerns about the cost of access to justice. The Federal Court of Australia obviously gave a serious warning to lawyers for ‘… an inefficient and inappropriate way of dealing with the preparation for, and conduct of the hearing of, a case that, in effect, was to be, and should have been, substantively prepared and argued at all… Read More »2017-05-doc3 On lawyers’ inefficient teamwork

2017-04-doc7 Book announcement of Braun’s 7th ed.

Germany is one of Europe’s lager countries where restructuring and insolvency law has changed dramatically over the last decade. The book of Eberhard Braun, InsO – Insolvenzordung, 7th ed., C.H. Beck, 2017, 2060 pp. (ISBN 978-3-406-69675-6), known as ‘the Braun’, reflects these recent changes. It provides an article-by-article commentary on the German Insolvenzordnung, with in addition a commentary on the… Read More »2017-04-doc7 Book announcement of Braun’s 7th ed.

2017-04-doc1 EU Banking and Insurance Insolvency, 2nd. ed, 2017

Professor Matthias Haentjens (University of Leiden) writes the following re the book ‘EU Banking and Insurance Insolvency‘, Oxford University Press, 2nd ed., 2017, authored and edited by Gabriel Moss QC, Bob Wessels and Matthias Haentjens: ‘With only little exaggeration, it might be contended that there has been no other area of law in which the developments over the last five… Read More »2017-04-doc1 EU Banking and Insurance Insolvency, 2nd. ed, 2017

2017-03-doc7 What’s a Pifor?

In November 2016 a proposal for a Restructuring Directive was published two weeks ago. Officially it has a much longer titel: ‘Proposal for a Directive of the European Parliament and of the Council on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU’ (‘Restructuring Directive’). For a short… Read More »2017-03-doc7 What’s a Pifor?

2017-03-doc6 CERIL

The Conference of European Restructuring and Insolvency Law (CERIL) is an independent non-profit, non-partisan, self-supporting organisation of approximately 75 lawyers and other restructuring and insolvency practitioners, law professors and (insolvency) judges committed to the improvement of restructuring and insolvency laws and practices in the European Union and in its Member States and their operation. CERIL’s primary purpose is to advise,… Read More »2017-03-doc6 CERIL