A judicial “cookbook” and recipes for international insolvency cooperation by Nicoleta Mirela Năstasie

In 2014, I attended a training programme related to guidelines and best practices for judicial cooperation in cross-border insolvency.

Explaining that in my daily judicial activity I had insufficient time to determine the most appropriate method to transform general guidelines and rules into concrete measures in pending litigations, someone asked me: “What do you want, Judge, a cookbook for insolvency?”

My direct and immediate answer was: “Yes, if a cookbook helps me to find practical solutions and be efficient”.

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The fate of the practitioners in procedures conerning restructuring, faced with the future Directive on Preventive Restrucuring Frameworks by Emmanuelle Inacio

After the Niebler’s Report on the European Commission’s Directive Proposal on preventive restructuring frameworks1 was endorsed by the plenary meeting of the European Parliament on 12 September 2018 and the Council (Justice and Home Affairs) adopted its General Approach during its meeting on 11 October 2018, the co-legislators have successfully concluded their Trilogue.

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New content and resources published on the INSOL Europe website by Myriam Mailly

We are grateful to Catherine Ottaway from Hoche Avocats (Paris, France) who kindly send us an update on the adaptation of French law to the Regulation on insolvency proceedings. The article focuses in particular on the Order which was adopted in order to facilitate the implementation of the mechanisms created by the Regulation and to enable courts and practitioners to act quickly in often complex insolvency cases, where economic and social issues require exemplary responsiveness.

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Judicial Co-operation in economic recovery (JCOERE) by Irene Lynch Fannon and Jennifer L. L. Gant

Dramatic changes to insolvency law throughout the EU in the last couple of decades have refocused on rehabilitation and rescue instead of liquidation.

Rescue frameworks have often introduced conflicts with traditional insolvency law principles such as equality of treatment of creditors, transparency and predictability. This has become even more complicated due to the requirement for judicial cooperation in cross-border insolvency cases.

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A closer look at…The General Approach of the Council on the European Commission’s Proposal Directive on Preventive Restructuring Frameworks by Emmanuelle Inacio

On 11 October 2018, the (Justice and Home Affairs) Council agreed upon its position on the compromise text concerning the European Commission’s Directive Proposal on preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures and amending Directive 2012/30/EU of 1 October 2018.

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Insolvency news and trends from Helsinki to Brussels by Myriam Mailly

The INSOL International Helsinki 2018 Joint One-Day Seminar took place at the Hilton Helsinki Strand Hotel on Wednesday 13th June and was jointly organised by INSOL International, INSOL Europe and the Finnish Insolvency Law Association (FILA) and enjoyed the presence of more than 100 delegates representing ten different jurisdictions: Denmark, Finland, France, Germany, Hungary, Romania, Sweden, the UK and the US.

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