The pre-pack regulation in the EU Commission proposal for a second insolvency directive

Authors

  • Adrian Thery Partner at Garrigues

DOI:

https://doi.org/10.54195/eirj.18096

Keywords:

second insolvency directive, pre-pack, monitor, transfer of undertakings in bankruptcy proceedings, acquisition free and clear of debt, insider, business succession, auction, game theory, rejection of contracts, intellectual property, interim finance, secured creditor, priming lien, preemption right, right of first refusal, anti-trust, European Insolvency Regulation

Abstract

This article draws an analysis of the pre-pack as set forth in the recent EU Commission proposal for a second insolvency directive. We explain the context in which this proposal is born, as well as its main features regarding the pre-pack. Also, this proposal for a directive unveils a certain normative foundation for pre-packs that this article aims to describe. In view of the increasing market interest in pre-packs, this proposal for a Directive is likely to supply a normative context to the professional community.

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Published

2023-12-07

Issue

2023

Section

Academic Articles

How to Cite

Thery, A. (2023). The pre-pack regulation in the EU Commission proposal for a second insolvency directive. European Insolvency and Restructuring Journal. https://doi.org/10.54195/eirj.18096