Corporate Rescue Essay

Corporate Rescue Essay-30
uses cookies to store information that enables us to optimize our website and make browsing more comfortable for you.To learn more about the use of cookies, please read our privacy policy. by Bergmann, Alfred / Drescher, Ingo / Fleischer, Holger / Goette, Wulf / Harbarth, Stephan / Hommelhoff, Peter / Krieger, Gerd / Merkt, Hanno / Teichmann, Christoph / Vetter, Jochen / Weller, Marc-Philippe / Wicke, Hartmut *Prices in US$ apply to orders placed in the Americas only.’(2008) Recovery 34–35 (Summer); ; D Flynn ‘Pre-pack administrations – a regulatory perspective’ (2006) Recovery 3 (Summer); S Davies ‘Pre-pack – he who pays the piper calls the tune’ (2006) Recovery 16 (Summer); S Mason ‘Pre-packs from the valuer's perspective’ (2006) Recovery 19 (Summer); M Ellis ‘The thin line in the sand’ (2006) Recovery 3 (Spring); J Moulton ‘The uncomfortable edge of propriety – pre-packs or just stitch-ups? According to the official insolvency statistics, 2,835 companies entered administration during 2010, indicating that approximately 27% involved pre-pack sales during the period.

uses cookies to store information that enables us to optimize our website and make browsing more comfortable for you.To learn more about the use of cookies, please read our privacy policy. by Bergmann, Alfred / Drescher, Ingo / Fleischer, Holger / Goette, Wulf / Harbarth, Stephan / Hommelhoff, Peter / Krieger, Gerd / Merkt, Hanno / Teichmann, Christoph / Vetter, Jochen / Weller, Marc-Philippe / Wicke, Hartmut *Prices in US$ apply to orders placed in the Americas only.’(2008) Recovery 34–35 (Summer); ; D Flynn ‘Pre-pack administrations – a regulatory perspective’ (2006) Recovery 3 (Summer); S Davies ‘Pre-pack – he who pays the piper calls the tune’ (2006) Recovery 16 (Summer); S Mason ‘Pre-packs from the valuer's perspective’ (2006) Recovery 19 (Summer); M Ellis ‘The thin line in the sand’ (2006) Recovery 3 (Spring); J Moulton ‘The uncomfortable edge of propriety – pre-packs or just stitch-ups? According to the official insolvency statistics, 2,835 companies entered administration during 2010, indicating that approximately 27% involved pre-pack sales during the period.

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On 26 January 2012, however, the then Business, Innovation and Skills Minister, Edward Davey, announced that he would adhere to the Government's moratorium on regulations affecting micro-business and would, therefore, ‘not be seeking to introduce new legislative controls on pre-packs at this time’– see See Explanatory Notes to the Enterprise Act 2002 which state that ‘rescuing the company as a going concern’ is intended to mean ‘the company and as much of its business as possible’ (para 647).

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These findings imply that secured creditor control of the insolvency procedure (as in receivership) may be no worse for unsecured creditors than control by dispersed unsecured creditors (as in administration) at least as regards returns.

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In a study of US firms, however, only 46% of incumbent directors were in place when the firms emerged from bankruptcy or settled with creditors two years later and in 8% of cases the whole board was replaced – see S Gilson ‘Bankruptcy, boards, banks and blockholders’ (1990) Journal of Financial Economics 355.

See further On the destructive propensity of asset-based lenders to seek to liquidate collateral when they hear of a company's difficulties (and the problems of controlling such creditors) see Armour, above n 28, p 219.

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