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dc.contributor.author
Anyfantaki - Dalakoura, Myrto
en
dc.date.accessioned
2017-05-16T13:23:15Z
dc.date.available
2017-07-19T00:00:40Z
dc.date.issued
2017-05-16
dc.identifier.uri
https://repository.ihu.edu.gr//xmlui/handle/11544/15911
dc.rights
Default License
dc.subject
Insolvency
en
dc.subject
Bankruptcy
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dc.subject
Reorganization
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dc.subject
Liquidation
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dc.subject
U.S.A. Bankruptcy Code
en
dc.title
Corporate Insolvencies: A Comparative Analysis of the European and the U.S.A. Model with a Focus on the Liquidation vs Reorganization Dilemma and the Effects of Both in the Economy
en
heal.type
masterThesis
en_US
heal.secondaryTitle
A Comparative Analysis of the European and the U.S.A. Model with a Focus on the Liquidation vs Reorganization Dilemma and the Effects of Both in the Economy.
en
heal.creatorID.dhareID
(IHU Student ID) 1104150005
heal.language
en
en_US
heal.access
free
en_US
heal.license
http://creativecommons.org/licenses/by-nc/4.0
en_US
heal.fileFormat
pdf
en_US
heal.recordProvider
School of Economics, Business Administration and Legal Studies, LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law
en_US
heal.publicationDate
2017-05-16
heal.bibliographicCitation
Myrto Anyfantaki - Dalakoura, Corporate Insolvencies: A Comparative Analysis of the European and the U.S.A. Model with a Focus on the Liquidation vs Reorganization Dilemma and the Effects of Both i in the Economy., School of Economics, Business Administration & Legal Studies/LLM in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law, International Hellenic University, 2015-2017
en
heal.abstract
This dissertation was written as part of the LL.M. in Transnational and European Commercial Law, Mediation, Arbitration and Energy Law, at the International Hellenic University. Initially, the development of European Insolvency Law is presented; the harmonization attempts and some indicative national legislation examples from Germany and France. In the next chapters, the history of the relevant U.S.A. Law is cited and the dynamic role it has played in reforming other national Insolvency Law systems is underlined, as well as its important legal mechanisms for company restructuring. The chapters to follow attempt to present differences and similarities between Europe and the U.S.A. in the field of insolvency procedures through case law and more specifically by examining two cases of well-known bankruptcies. In the end, there is an effort to connect the legal aspects of the subject with the economic ones, by collecting information on the matter of how the two basic options that are offered to companies (liquidation and reorganization) affect the economy and what results do they produce. My expectations from this dissertation are to be able to show from my limited law practice, but mainly from my research that Insolvency Law is a very fast-paced and progressively harmonized legal sector, in close relation to economy, that can actually play a significant role in reforming unsound companies and unstable economies if jurisdictions around the world follow the innovative U.S.A. model and focus on the rebuilding of companies, the reorganization of debts, the maintenance of employee positions and not on the short-term liquidation option that Europe tended to prefer some years ago. This academic work is the result of the great collaboration I had throughout the previous months with my supervisor, Professor Pavlos Masouros, who contributed with his knowledge and useful guidance providing me with very interesting scientific articles and extremely helpful methodological advice. Furthermore, I would like to attribute acknowledgements to Professor Georgia Mpechri – Kechagioglou, whose great teaching of Insolvency Law during my bachelor’s degree years created a solid foundation for me as a starting point and inspired me to study this area of law further more. Last but not least, I would like to thank Professor Athanasios Kaissis for being a very supportive academic mentor and being very close to all LL.M. students, helping us with every problem we encountered through this difficult but also very fruitful period of the master’s programme. Keywords: Insolvency, Bankruptcy, Reorganization, Liquidation, U.S.A. Bankruptcy Code
en
heal.tableOfContents
Abstract Preface Contents 1 1. Introduction. Methodology, Academic Objective and Expected Contribution 2 2. History of European Insolvency Law. Efforts of Harmonization and Basic Legal Texts 4 3. Insolvency Regimes of Today in European Union’s Member States. Indicative Examples 8 3.1. Germany. A Conservative Model Entering a Different Path? 9 3.2. France. Europe’s Rebel Drawing Back? 15 4. History of U.S.A. Insolvency Law. Basic Legal Texts 21 5. U.S.A.’s Insolvency Law and its Role in Reforming Other National Legal Regimes 25 5.1. Getting to Know Chapter 11 27 5.2. The Criticism 29 5.3. The Reform 32 5.4. The Alternatives and the ‘Restitution’ 33 6. Indicative Case Law 35 6.1. The General Motors Corporation Case. A Multi-Layered Example 36 6.2. The IVG Immobilien AG Case. A Hesitant but Promising Effort 38 7. The Economic Perspective of the Liquidation vs Reorganization Dilemma and the Effects of Both Options in the Market 40 8. Conclusions 44 Bibliography 46
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heal.advisorName
Masouros, Pavlos
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heal.committeeMemberName
Gottwald, Peter
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heal.committeeMemberName
Eleftheriadis, Nikos
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heal.committeeMemberName
Masouros, Pavlos
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heal.academicPublisher
IHU
en
heal.academicPublisherID
ihu
en_US
heal.numberOfPages
55
en_US
heal.spatialCoverage
United States of America
en
heal.spatialCoverage
Europe
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heal.spatialCoverage
Germany
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heal.spatialCoverage
France
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