Debt Restructuring an Alternative to Insolvency Proceedings

Debt Restructuring  an Alternative to Insolvency Proceedings is the essential reference guide for financial institutions, legal professionals and investors.

Covering more than 20 major jurisdictions worldwide it provides a clear overview of the law and regulation governing debt restructuring in each one, and is structured to allow easy comparisons between jurisdictions.

1. What restructuring proceedings or schemes are available in your country aimed at avoiding insolvency liquidation (the ‘proceedings’)?
2. What are the conditions for admission:
3. Are the following purposes and scope permissible?
4. To what extent and upon what conditions can rights of creditors be modified without their consent?
5. When and how is payment of creditors provided?
6. Is a court or other public authority involved?
7. Does the debtor remain in possession of the business?
8. Who (and upon what conditions) is entitled to make the relevant application for admission?
9. What are the steps to be taken for admission?
10. What are the effects of admission?
11. What are the main steps for the proceeding?
12. Is a joint proceeding allowed for groups of companies?
13. What are the consequences of the successful completion of the proceeding?
14. How is the performance of the obligations according to the terms confirmed within the proceeding (eg payments according to the proposal to the creditors) structured?

Jurisdictional Coverage:
Belgium
Canada
China
Denmark
Finland
France
Germany
Hong Kong
Italy
Malta
Netherlands
Norway
Poland
Portugal
Romania
Singapore
Spain
Sweden
Turkey
UK
USA

Lars Lindencrone Petersen

Lars Lindencrone Petersen is head of knowledge management at Bech-Bruun, which involves collecting, structuring and communicating legal information on each of Bech-Bruun's practice areas.

With a background in the Danish court system, he also provides advice in relation to dispute resolution.

As a leading insolvency law theorist, Lars advises, furthermore, on company reconstructions and the administration of estates in bankruptcy.

Lars has been the chairman of several legislative preparatory committees, vice-chairman of the Danish Complaint Board of Banking Services and chairman of the Danish Commission of Inquiry regarding tax deduction. He is also a seasoned lecturer on insolvency law.

Ole Borch

Ole Borch is highly specialised in advising on corporate management issues, in particular as regards businesses in financial crisis. Ole's competencies within restructuring proceedings range from sole traders to multi-branched companies listed on the stock exchange. He lectures on all aspects of insolvency law, e.g. at the University of Copenhagen.

Furthermore, Ole has held several positions of trust in trade organisations for many years and is the only Scandinavian lawyer to have been accepted as an International Fellow at the prestigious American College of Bankruptcy.

Finally, Ole is one of the leading sports law lawyers in Denmark.

Jacques Henrot

Jacques Henrot joined De Pardieu Brocas Maffei as a partner in 1995 to create the real estate department which he - together with his associates who later became partners – developed into a leading reference on the French market. Jacques Henrot was also a key figure in the field of restructuring and insolvency law, leading his team to its current position as a major player in this field.

Admitted to the Paris bar in 1979, Jacques Henrot graduated from the ESCP (Ecole Supérieure de Commerce de Paris) and from the University of Paris II in business law and held a LL.M from Harvard Law School. He started his career in New York with Sullivan & Cromwell before joining Gide Loyrette Nouel in Paris in 1980 where he was a partner from 1987 to 1995.

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