Rights of Secured Creditors under Indian Insolvency Law

2021 ◽  
Author(s):  
Suharsh Sinha ◽  
Gausia Shaikh ◽  
Urmika Tripathi
Keyword(s):  
Insolvency Law ◽  
Secured Creditors

10 National Report for Germany

2016 ◽  
Author(s):  
Paulus Christoph G ◽  
Berberich Matthias
Keyword(s):  
Insolvency Law ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
Insolvency Proceedings ◽  
Secured Creditors

This chapter discusses the law on creditor claims in Germany. German insolvency law distinguishes between several types of creditors in insolvency proceedings and treats them differently with regard to priority of claims, enforcement, modes of realization, and costs. The doctrinal approach of the German Insolvency Code is not so much a categorization of claims, but rather it takes a view on the creditors. German insolvency law draws a rough distinction between four creditor groups: secured creditors; general insolvency creditors; subordinated creditors; and administration creditors. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.

Comparative Corporate Insolvency Law

2016 ◽  
Author(s):  
Horst Eidenmüller
Keyword(s):  
Economic Efficiency ◽  
Financial Distress ◽  
Agency Problems ◽  
Functional Approach ◽  
Bankruptcy Law ◽  
Insolvency Proceeding ◽  
Insolvency Law ◽  
The Us ◽  
Corporate Insolvency ◽  
Secured Creditors

This chapter deals with fundamental issues of corporate insolvency (bankruptcy) law. Particular attention is paid to the agency problems related to “insolvency (bankruptcy) governance” of corporations and how these problems are addressed in various jurisdictions. Methodologically, the chapter is based on a functional approach that compares different legal regimes against the yardstick of economic efficiency. The structure of the chapter follows the issues as they arise in time in a corporate insolvency proceeding: objectives of insolvency laws, opening and governance of proceedings, ranking of claims and the position of secured creditors and shareholders, and rescue proceedings. The chapter also covers the contractual resolution of financial distress. It concludes with thoughts on the reasons for the identified jurisdictional divergences and an outlook on the worldwide efforts toward harmonization of (corporate) insolvency laws. In terms of jurisdictions, the chapter mainly draws on the corporate insolvency laws in the US, England, France, and Germany.

17 National Report for Spain

2016 ◽  
Author(s):  
Tirado Ignacio
Keyword(s):  
Civil Code ◽  
Regulatory Regime ◽  
Insolvency Law ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
Insolvency Proceedings ◽  
Secured Creditors

This chapter discusses the law on creditor claims in Spain. Spain’s current insolvency regulatory regime resulted from the reorganization and modernization that took place with the passing of the 2003 Insolvency Law (Ley Concursal). The ranking of claims under the Insolvency Law coexists with a ranking of claims for execution in individual proceedings, regulated in the Civil Code. The Spanish system has been generally respectful of the pre-insolvency entitlements of secured creditors; provides priority for post-commencement financing; and includes different tiers of priorities for certain categories of creditors. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.

scholarly journals Lot Forming within the Framework of Pledged Property Sale in Bankruptcy

JURIST ◽  
2021 ◽  
Vol 5 ◽  
pp. 23-29
Author(s):  
Yuriy A. Kopchenov ◽  
Keyword(s):  
Insolvency Law ◽  
Balance Of Interests ◽  
Special Rights ◽  
Secured Creditors ◽  
Comprehensive Study

The article is devoted to a comprehensive study of joint sale’s of pledged and non-pledged property mechanism. Under this procedure, secured creditors are deprived of their special rights provided by Article 138 of the Russian Insolvency Law. The author pays special attention to the development of an approach that allows to maintain a balance of interests of all creditors.

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