Throughout the global economic meltdown, the number of bankruptcy cases in China has risen considerably. To shed light on bankruptcy proceedings and stabilize the domestic economy, the Supreme People’s Court of the PRC issued Opinions on Several Issues Regarding the Proper Adjudication of Enterprise Bankruptcy Cases to Provide a Judicial Safeguard for Maintaining Order in the Market Economy on June 12, 2009. The Opinions direct courts at all levels to properly apply the Enterprise Bankruptcy Law (EBL) to assist insolvent enterprises, maintain market order, and stabilize the economy.
On 2 May 2018 the Croatian Constitutional Court ("Constitutional Court") upheld the Law on Extraordinary Administration Procedure for Companies of Systematic Importance for Croatia, better known as "Lex Agrokor".
Estas herramientas pueden emplearse, en cuanto sea adecuado y conveniente, para promover y dinamizar el mercado de compraventa de compañías en dificultades.
Dos de los pilares más importantes del régimen de insolvencia son la protección del crédito y la conservación de la empresa como unidad de explotación económica y fuente generadora de empleo, siempre bajo el criterio de agregación de valor. Así lo reconoce la Ley 1116 del 2006 y las legislaciones de un sinnúmero de jurisdicciones.
The Financial Operations and Pre-Bankruptcy Settlement Act
The disadvantages and ambiguous interpretations that have frequently occurred in the implementation of the pre-bankruptcy settlement procedures preventing the achievement of the primary goal of the Financial Operations and Pre-Bankruptcy Settlement Act (“the Act”) - the establishment of liquidity and solvency of business entities – have provoked a need for detailed amendments to the Act. The second amendments to the Act which were published in the Official Gazette No.
The recently adopted Croatian Bankruptcy Act ("SZ")[1] sets out a new integrated pre-bankruptcy and bankruptcy regime. SZ has entirely replaced the previous bankruptcy act that was in force for 18 years, as well as provisions regulating pre-bankruptcy settlement proceedings prescribed under the Act on Financial Operations and Pre-bankruptcy Settlement
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Amendments to the Czech Insolvency Act 2016
In the last week of January, the Czech Government passed an amendment to the Insolvency Act, which was prepared by the Ministry of Justice. The aim of the amendment is to respond to the growing widespread practice of the filing of unjustified insolvency petitions by creditors. The amendment intends to allow courts to reject such petitions.
A Creditor did not register his claim against a debtor in insolvency proceedings due to missing information concerning the publication of the debtor's bankruptcy in the Insolvency Register. The creditor regularly searched for information regarding the debtor´s potential bankruptcy in the insolvency register and was always informed that a resolution on the debtor´s bankruptcy had not been made.
On 5 March 2013, the Government submitted a groundbreaking bill amending Act No. 182/2006 Coll. on bankruptcy and settlement (the Insolvency Act) and Act No. 312/2006 Coll. on insolvency administrators to the Chamber of Deputies of Czech Parliament, which approved the bill on 8 August 2013.
The objective of the proposed legislation is not only to reflect changes arising from private law recodification, but also to comprehensively revise proablem areas in existing insolvency proceedings legislation.