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Table of Contents
Jurisdiction | United States |
Table of Contents
Preface..........................................................................1
1. EIR Recast Background............................................9
1.1 Introduction............................................................9
1.2 EIR Recast: Doubled in Size.................................11
2. Scope of EIR Recast................................................13
2.1 Material Scope.......................................................14
2.2 Temporal Scope.....................................................17
2.3 Personal Scope.......................................................18
2.4 Territorial Scope....................................................19
3. International Jurisdiction......................................23
3.1 Main Insolvency Proceedings: COMI..................24
3.2 COMI Presumptions.............................................26
3.3 COMI Under EIR Recast and UNCITRAL Model Law.................................29
3.4 Secondary Insolvency Proceedings in EIR Recast Framework.....................................31
3.5 Related Actions......................................................32
4. Law Applicable to Insolvency Proceedings and Their Effects.....................................................39
4.1 Third Parties' Rights In Rem.................................42
4.2 Detrimental Acts...................................................46
4.3 Contracts of Employment.....................................48
4.4 Reservation of Title...............................................50
4.5 Setoff.......................................................................51
4.6 Protection of Third-Party Purchasers..................53
4.7 Contracts Relating to Immovable Property.........54
4.8 European Patents with Unitary Effects and Community Trademarks...............................55
4.9 Effects on Rights Subject to Registration.............56
4.10 Payment Systems and Financial Markets.............57
4.11 Effects of Insolvency Proceedings on Pending Lawsuits or Arbitral Proceedings..........59
5. Recognition and Enforcement of Insolvency and Related Judgments........................63
5.1 Immediate and Automatic Recognition...............64
5.2 Recognition of Insolvency-Related Judgments.... 65
5.3 Effects of Recognition...........................................66
5.4 Enforcement of Insolvency and Related Judgments ..68
6. Powers of Insolvency Practitioners........................69
7. Return and...
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Request your trial- American Bankruptcy Institute
- European Union Regulation on Insolvency Proceedings: An Introductory Analysis
- Front Matter
- About the Authors
- About the Editor
- Acknowledgments
- Table of Contents
- Preface
- Chapter 1 EIR Recast Background
- Chapter 2 Scope of EIR Recast
- Chapter 3 International Jurisdiction
- Chapter 4 Law Applicable to Insolvency Proceedings and Their Effects
- Chapter 5 Recognition and Enforcement of Insolvency and Related Judgments
- Chapter 6 Powers of Insolvency Practitioners
- Chapter 7 Return and Imputation
- Chapter 8 Public Policy Exception
- Chapter 9 Insolvency Registers
- Chapter 10 Lodgment of Claims
- Chapter 11 Secondary Insolvency Proceedings
- Chapter 12 Communication and Cooperation in Insolvency
- Chapter 13 Insolvency Proceedings of Members of a Group of Companies
- Chapter 14 Other Issues
- Chapter 15 EIR Recast and Brexit
- Chapter 16 APPENDICES
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