Rescuing Companies in England and Germany

Reinhard Bork

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Corporate Insolvency and Governance Corporate Governance and Law Financial Distress and Bankruptcy Prediction

Abstract

1: PRINCIPLES 1. Introduction: Cause for investigation 2. Practical considerations 3. The interests involved 4. Fundamental issues in restructuring law 2: AN OVERVIEW OF RESTRUCTURING LAW 5. The restructuring process in Germany 6. The restructuring process in England 3: INDIVIDUAL ASPECTS OF REGULATION 7. Initiating proceedings 8. Triggering circumstances 9. Parties to the process 10. Moratorium 11. Securing liquidity 12. Contractual relationships 13. Securities 14. Limitations on creditors' rights 15. Company law measures 16. Credit for restructuring 17. The decision on the restructuring plan 18. Supervising restructuring 4: SPECIAL SITUATIONS 19. Cross-border restructuring 20. Group company insolvency 21. Taxation aspects 5: ANALYSIS

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2017Bankruptcy stigma and the second chance policy: the impact of bankruptcy stigma on business restructurings in China, Europe and the United States 2015Rethinking Corporate Bankruptcy Theory in the Twenty-First Century 2015Restructuring the European Business Enterprise: the European Commission’s Recommendation on a New Approach to Business Failure and Insolvency 2016European Cross-Border Insolvency Law 2014Transactions at an Undervalue—A Comparison of English and German Law

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