Introduction: Covenants and Third-Party Creditors

Matri, Daniela

doi:10.1007/978-3-319-62036-7_1

Covenants and Third-Party Creditors 2017

DOI: 10.1007/978-3-319-62036-7_1

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Introduction: Covenants and Third-Party Creditors

Daniela Matri

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2021

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Subordination of non-arm’s length creditors’ claims: at a crossroads

2021

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In several European countries and the US, corporate and insolvency law principles allow the courts to subordinate the claims of non-arm’s length creditors (i.e., affiliates, shareholders, controlling persons, officers, etc.) of an insolvent entity. However, there is no universal approach across the above jurisdictions. Instead, the scholars observe a whole range of subordination regimes. Each of them derives from a unique and unsteady balance between the interests and values protected by law. This paper examines the Russian subordination rules and their evolution and discusses the values and incentives behind the subordination of non-arm’s length creditors claims in search for an optimal approach.

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Subordination of non-arm’s length creditors’ claims: at a crossroads

2021

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Currency Crises and Fiscal Imbalances: The Transition Countries Perspective

Siwińska-Gorzelak

2000

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Introduction: Covenants and Third-Party Creditors

Cited by 2 publications

References 18 publications

Subordination of non-arm’s length creditors’ claims: at a crossroads

Subordination of non-arm’s length creditors’ claims: at a crossroads

Currency Crises and Fiscal Imbalances: The Transition Countries Perspective

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