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Disclaiming onerous property in insolvency: A comparative study

✍ Scribed by Paul J. Omar


Publisher
John Wiley and Sons
Year
2010
Tongue
English
Weight
229 KB
Volume
19
Category
Article
ISSN
1180-0518

No coin nor oath required. For personal study only.

✦ Synopsis


Abstract

Insolvency practitioners in charge of certain insolvency procedures have a facility open to them to disclaim property deemed to be onerous and whose retention as part of the debtor's estate may affect the mass of creditors. This article takes a comparative survey of a number of jurisdictions in the common‐law and civil‐law worlds. Its purpose is to assess whether work carried out at international level seeking to benchmark insolvency procedures generally should be revised to take into account enviornmental concerns in relation to such disclaimed property. Copyright Β© 2010 John Wiley & Sons, Ltd.


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