Pre-Insolvency Proceedings: A Normative Foundation and Framework

by Nicolaes Tollenaar

Overview

This timely new work evaluates the law regarding pre-insolvency proceedings. Setting the law in context, the book provides a conceptual framework for ideal practice, illustrating the implications of the new regime with specific practical examples. The book features a comprehensive discussion of the key principles underlying restructuring proceedings and explains the purpose of, and justification for, pre-insolvency proceedings. It provides answers to a number of important issues that are still undecided and the subject of debate. In particular, the book provides detailed analysis of the system of voting in classes, and it offers an in-depth discussion of the appropriate criteria for confirmation and cram-down together with consideration of the little-understood underlying economic issues. It also includes analysis of the key aspects of valuation and the applicable valuation standards in the context of restructuring, much needed as the incidence of judicial valuation arises in the context of cram-down. A comparative analysis and critique of UK schemes of arrangement and US Chapter 11 procedure is also included, giving readers a good understanding of the key features of both systems and enabling them to identify and learn from the differences. The author also proposes an outline of ideal pre-insolvency proceedings, setting out general and specific requirements for ensuring flexibility, efficiency, and effectiveness.

Product Details

ISBN-13:	9780192560018
Publisher:	OUP Oxford
Publication date:	02/12/2019
Sold by:	Barnes & Noble
Format:	eBook
Pages:	319
File size:	524 KB

About the Author

Nicolaes Tollenaar is a partner at RESOR NV in Amsterdam. He specializes in corporate and bankruptcy law, and both advises and litigates on a variety of matters in this area. He has a special focus on cross-border matters and has acted on various major pan-European bankruptcies. Mr Tollenaar writes and speaks regularly on insolvency and restructuring law and practice. Although the author is a fluent English speaker he has engaged an experienced translator with whom he is working closely on the English version.

Table of Contents

ForewordPrefaceAbout the authorAbbreviations and defined termsTable of Contents1. Introduction2. Insolvency law: objective and justification3. Pre-insolvency proceedings: objective and justification4. Plan governance: a hybrid model with both a democratic and a judicial component5. Initial observations on valuation and valuation terminology6. The US Chapter 11 plan procedure7. The English scheme of arrangement8. Framework for a pre-insolvency plan procedure9. SummaryBibliography

Editorial Reviews

"It does not happen very often that the perfect product arrives on the market at exactly the perfect moment [...] Nicolas Tollenaar's Pre-Insolvency Proceedings, published by OUP earlier this year, might just be one such perfect product [...] Pre-Insolvency Proceedings is perhaps the most important and most valuable book which Europe has in this quickly growing field of debtor-creditor law at this important moment. The research is thorough, the argumentation is rigorous and for the most part very persuasive within the chosen creditors' bargain paradigm, and the solutions [...] will stand the EU Member States in good stead as their legislatures grapple with incorporating the Directive into their national laws. For the sake of the European credit markets, it must be hoped that the book will be read carefully in the months and years to come." — Tomáŝ Richter, Insolvency Intelligence

"[The author] sets out a fascinating review and critique of the classical insolvency theory, presenting a nuanced normative framework aimed specifically at the creation and application of preventive restructuring frameworks. The research goes beyond a recommendation of the current progress toward a preventive restructuring framework in the EU to a design supported by highly critical analysis and reasons that could form the basis for future reforms. It could well be that Tollenaar has foreseen the problems that the current frameworks will encounter and has already provided potential solutions." — Dr Jennifer L. L. Gant, Eurofenix

"Tollenaar has a clear, as well as a tenacious style of writing [...] A very readable, thought-provoking and clearly written study makes the book worth examining and presents sophisticated choices for legislators, academics and practitioners dealing with restructuring." — Prof. Dr. Bob Wessels

From the Publisher