Out-of-court Debt Restructuring

  • Date Published 16/05/2019
Out-of-court Debt Restructuring
Out-of-court Debt Restructuring

This study provides a conceptual framework for the analysis of the questions of out-of-court debt restructuring from a policy-oriented perspective. The starting point of the analysis is given by the World Bank principles for effective insolvency and creditor rights systems. The study offers an overview of out-of-court restructuring, which is not seen as fundamentally opposed to formal insolvency procedures. Actually, the study contemplates different restructuring techniques as forming a continuum to the treatment of financial difficulties. The study discusses the advantages and disadvantages of all the debt restructuring techniques, and concludes, in this regard, that a legal system may contain a number of options a menu that can cover different sets of circumstances. In the end, the law may offer a toolbox with very different instruments that the parties may use depending on the specific facts of the case. The study also provides a checklist that can be used to examine the features of a legal system that bear a direct influence on debt restructuring activities.

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Book Chapters

  • Preliminary PagesPreliminary Pages
  • Chapter 1 Background To Out-of- Court Debt Restructuring
  • Chapter 2Enabling Legislative Framework
  • Chapter 3Informal Workout Procedure
  • Chapter 4 Conclusion: A Policy Agenda For Out-of-court Debt Restructurings

Out-of-court Debt Restructuring

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