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Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
Understanding the Issues Behind Executory Contracts in Bankruptcy is an authoritative, insider?s perspective on best practices for bankruptcy and financial restructuring, with a focus on strategies for structuring executory contracts. Featuring partners and chairs from some of the nation?s leading firms, these experts guide the reader through the intricacies of protecting clients from bankruptcy risks and discuss options for companies who are in financial distress. By providing an overview of executory contracts and unexpired leases in Chapter 11 of the Bankruptcy Code, the reader is introduced to a wealth of knowledge these seasoned professionals have to offer. From the assignment of contracts to a third party to the timing and procedures around the assumption or rejection of executory contracts and unexpired leases, these top bankruptcy lawyers discuss overall drafting techniques and strategies for minimizing bankruptcy risks. They carefully outline the similarities and differences between representing both creditors and debtors, as well as those between representing creditor committees and examiners. Additionally, these leaders reveal their strategies for planning defensively, keeping abreast of change, and finding creative solutions in a variable area of law. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts around the keys to success within this ever-evolving field
A Road Map to Bankruptcy Law; Individual Debtor and the Fresh Start; Corporate Reorganizations and the Absolute Priority Rule; Claims, Property of the Estate, and the Strong-Arm Powers; Executory Contracts; Fraudulent Conveyances, Equitable Subordination, and Substantive Consolidation; Preferences; Automatic Stay; Debtor in Possession; Forming the Plan of Reorganization.
The Reform of the Italian Insolvency Law, implemented with the decree of March 14th, 2005 n. 35 and of January 9th 2006, n. 5, contains significant elements of discontinuity compared to the former Insolvency Law of 1942.The mentioned provisions (as well as successive modifications) were profoundly altered including with reference to the instruments directed toward resolving the different problems of an enterprise's crisis, and therefore in favor of the restructuring of the entity.Certainly, the most important insolvency procedures for companies are fallimento (i.e. liquidation) and concordato preventivo (i.e. a court-supervised arrangement between the debtor and the creditors).Both Procedures have rules on executory contracts but they are written in different ways according to the purpose of the single discipline.The aim of the 'fallimento' under Italian Law is only the liquidation. The goals of 'concordato preventivo' can be either the restructuring or the liquidation; and these two objectives can be present within the same Procedure.In the discipline of the 'fallimento' the principal rule on the effects of bankruptcy itself on pre-existing legal relationships is the art. 72 of the Insolvency Law that regulates in general the pending relationships. Subsequently there are in the Law some specific rules on single contracts: particularly, for instance, on contracts concerning real estate to be constructed (art. 72 bis) or on sales with retention of title (art. 73).In the discipline of the 'concordato preventivo' the principal rules on the effects of admission to the procedure are the art. 169 bis that regulates in general the ongoing contracts, and the art. 186 bis, §§ 3, 4 and 5 that regulates, without prejudice to art. 169 bis, the executory contracts in the Arrangement with Creditors on a Going Concern Basis.It is necessary to point out that the Italian Insolvency Law is under review from a global viewpoint. The Italian Parliament is discussing in this period the so-called “Rordorf Reform”: the Chamber of Deputies has already approved the Draft Law on February, 1st 2017 and successively transmitted the mentioned Draft to the President of the Senate on February, 31st 2017.