Towards a New Approach for the Choice of Insolvency Forum

By allowing debtors to choose more efficient insolvency systems, this solution would also contribute to the maximization of the returns to creditors and the effective reorganization of viable but financially distressed businesses. It can be argued that this solution can lead to opportunistic behaviour by debtors.

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A Commitment Rule for Insolvency Forum

Debtors, knowing this, will have incentives to choose a method that is trustworthy, value-enhancing, and protective of the interests of the creditors. As discussed above, vulnerable creditors would be protected separately through other mechanisms that may include a priority (if adopted locally, not in the Model Law) or a public policy exception for the recognition of the proceeding.

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A Commitment Rule for Insolvency Forum: A Response to Critics

For that reason, if the COMI rule is abolished, the Model Law should—for individual debtors—adopt the debtor’s place of habitual residence as a non-rebuttable presumption in determining proper insolvency forum. 9. The solution is not allowing companies to choose a foreign insolvency proceeding but improving a country’s local insolvency ...

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Top 10 Strategies for Effective Debt Collection in 2025

Allowing debtors to choose from various methods—like credit cards and digital wallets—can significantly enhance the payment experience. This convenience encourages timely payments and reduces friction in the collection process. 5. Implement Self-Service Platforms. Self-service platforms empower debtors to manage their accounts independently.

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Understanding Statutory Demands in Singapore: A Guide for Creditors and ...

Understand the 21-day deadline: Debtors have the 21 days set out in the statutory demand to either pay the debt or apply to the court for setting aside of the statutory demand, on specific grounds. Failing to act within the 21-day deadline may lead to further legal consequences.

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EU DIRECTIVE ON RESTRUCTURING FRAMEWORKS: THE SAME, BUT DIFFERENT?

Directive, allowing debtors who are able to negotiate substantial creditor support for the restructuring privately to file "a done deal" rather than "hang in the balance" while the negotiations and voting process unfold in the public eye over many months," says Tomáš Richter, of counsel in our Prague Office.

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Personal Insolvency Agreement (PIA): A complete understanding - Mondaq

It offers an alternative to bankruptcy, allowing debtors to negotiate a debt repayment plan with their creditors. Comparison with Bankruptcy and Debt Agreements. Unlike bankruptcy, a PIA provides flexibility, allowing debtors to avoid the severe consequences of bankruptcy.

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What Does Execution of Judgment Mean in Legal Terms?

The amount subject to levy is typically limited to the judgment total, including accrued interest and court costs. Procedures and protections for debtors vary by jurisdiction. Some states provide a notice period, allowing debtors to contest the levy if they believe the seizure is unwarranted or if the funds are exempt.

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Cramdown in Chapter 13 Bankruptcy - babilegalgroup.com

Cramdown is a powerful tool available to debtors in Chapter 13 bankruptcy, offering the potential to reduce certain debts. This process primarily applies to secured debts, such as car loans or mortgages, allowing debtors to modify the terms and payments to align with the fair market value of the collateral.

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A Commitment Rule for Insolvency Forum | Oxford Law Blogs

Debtors, knowing this, will have incentives to choose a method that is trustworthy, value-enhancing, and protective of the interests of the creditors. As discussed above, vulnerable creditors would be protected separately through other mechanisms that may include a priority (if adopted locally, not in the Model Law) or a public policy exception for the recognition of the proceeding.

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