Grupy wierzycieli w Dyrektywie w sprawie ram restrukturyzacji zapobiegawczej
Creditors’ Groups in the Directive on Preventive Restructuring Frameworks

Summary/Abstract: Restructuring of a debtor is a process that affects the interests of a wide range of creditors. Thus, a unitary restructuring plan that provides uniform reorganization rules for all creditors will not always be the most effective solution. In such situations, it becomes necessary to categorize creditors. The Directive on preventive restructuring frameworks addresses this issue in detail, in particular in the context of the rules of group formation and the control of this process. The ongoing work concerning the implementation of the Directive into Polish law thus prompts attention to the title issue. The author analyzes the Restructuring Law in terms of the requirements set by the European legislator and proposes de lege ferenda conclusions as a voice in the discussion on the direction of the Directive’s implementation.

• Details
• Contents