The European Union’s interest in substantive insolvency led to the adoption of the 2014 Recommendation on preventive proceedings, alleviation of consumer debt and the fresh start through early discharge. This work is the report of the Leeds Law School study, funded by DG Justice, studying key topics in 30 jurisdictions (all Member States, Norway and the US) within the insolvency process (esp. directors’ duties, priorities, avoidance actions, SME-focused procedures and the status of insolvency office-holders). The text also analyses reforms implementing the Recommendation’s approach to preventive insolvency, the treatment of consumer over-indebtedness and fresh starts in domestic insolvency systems, all accompanied by an analysis of the impact of any disparities in domestic systems on cross-border cases.
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