Germany’s planned Stabilization and Restructuring Framework (Stabilisierungs- und Restrukturierungsrahmen) is essentially an independent, out-of-court tool to implement a restructuring process by means of a restructuring plan in order to avert insolvency proceedings. The debtor and supporting creditors can rely on certain procedural assistance in order to implement and enforce a restructuring plan with their majority despite resistance on the part of individual stakeholders.
Introduction
'Frivolous or vexatious' test
'Strong prima facie case' test
Applying the same test for leave
Receiver's appointment and discharge orders
Comment
Introduction
Introduction
Receivership and OSC proceeding
Production by court-appointed receivers
Not the right forum
Comment
Introduction
Introduction
Introduction
Introduction