The law has for years tried to grapple with the Gordian Knot between protecting a debtor’s assets for realisation and distribution to his creditors and protecting third parties who enter into transactions with the debtor after the bankruptcy process has been initiated, completely unaware of that process.
United Kingdom, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Bankruptcy, Debtor, Interest, UK Land Registry, Court of Appeal of England & Wales
What and where is a company's ‘centre of main interest’ – its COMI – and why should you care? This is not an esoteric question but a live issue in determining which nation's courts and laws deal with international insolvency issues including administration and liquidation.
European Union, United Kingdom, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Shareholder, Debtor, Interest, Liquidation, Freedom of movement, In rem jurisdiction, European Commission