European Union: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
International Restructuring Through Ireland – Examinership
Ireland's examinership process provides a unique corporate rescue mechanism for international restructuring, offering automatic EU recognition, worldwide creditor moratorium, and cross-class cram down capabilities. This comprehensive guide examines how non-Irish companies can leverage examinership for complex cross-border restructurings, featuring case studies of major transactions including Norwegian Air, Mallinckrodt plc, and Weatherford, with comparative analysis against UK and US restructuring framework
Ireland Insolvency
WF
William Fry
Article
"Cram Down" – Cross-Class Plan Approval In Insolvency Proceedings
Pre-insolvency restructurings can fail when individual creditors block viable solutions to negotiate better outcomes. The insolvency plan's cram-down mechanism enables court confirmation despite dissenting votes, provided dissenting groups receive legal protection and aren't unduly disadvantaged. Understanding cram-down logic helps stakeholders assess restructuring options and risks before insolvency occurs.
Germany Insolvency
MB
Mayer Brown
Article
The Issuance Of Tax And Social Security Clearance Certificates Within The Framework Of Law 4738/2020
Law 4738/2020 introduces critical mechanisms for debt restructuring in Greece, fundamentally transforming how debtors can recover tax and social security clearance certificates. The regulatory framework presents two distinct pathways—the Out-of-Court Debt Settlement Mechanism and the Rehabilitation Agreement—each offering different advantages for unlocking transactional capacities and ensuring business viability through varying withholding requirements and clearance certificate provisions.
Greece Insolvency
PK
Psarakis & Kefalas Law Firm
Article
The Qualified Subordination Declaration – Opportunities And Risks
Shareholder loans serve as vital financing tools for German Mittelstand companies, but they can trigger insolvency obligations when financial difficulties arise. A qualified subordination (qualifizierter Rangrücktritt) offers a solution by converting these loans into liable capital, yet the Federal Court of Justice has established strict substantive requirements that must be met to achieve the desired legal and tax effects.
Germany Insolvency
MB
Mayer Brown
Article
FIG Top 5 At 5 – 23/04/2026
The Irish Government has published its Summer 2026 legislative programme, outlining 38 priority bills for financial services regulation including NAMA dissolution, IMF contributions, and anti-money laundering reforms. Meanwhile, European regulators advance critical frameworks through AMLA's business-wide risk assessment guidelines, EIOPA's proportional reinsurance guidance, and the official publication of the EU's crisis management and deposit insurance legislative package.
Ireland Finance
M
Matheson
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