The formative decade of Israel's reorganization law: 1995–2004
✍ Scribed by David Hahn
- Book ID
- 102270183
- Publisher
- John Wiley and Sons
- Year
- 2005
- Tongue
- English
- Weight
- 442 KB
- Volume
- 14
- Category
- Article
- ISSN
- 1180-0518
- DOI
- 10.1002/iir.129
No coin nor oath required. For personal study only.
✦ Synopsis
The article analyses closely the major developments that took place between 1995 and 2002, both as a result of legislation and judicial law making. In 1995, the Knesset, the Israeli legislature, enacted a moratorium statute.This statute stays all pending proceedings against a ¢nancially distressed corporation which has applied to the court requesting its reorganization through a compromise or arrangement scheme.The moratorium statute in£uenced signi¢cantly this scheme and e¡ectively reshaped it in a reorganization-friendly manner.The article submits that the moratorium statute has e¡ectively transformed the nature of secured creditors' rights from rights-in-kind to rights-in-value. In addition, the article will demonstrate the relative contribution of both the Supreme Court and the district courts to reorganization law's development. The Supreme Court established the grand premises for judicial law making in corporate reorganization by holding that the statutory substantive norms which apply in corporate liquidation apply in reorganization as well mutatis mutandis. For their part, the district courts contributed to the law making in two primary aspects of corporate reorganizations: First, by requiring that in reorganization cases a court-appointed trustee shall manage the corporation and negotiate on its behalf with the creditors. Secondly, the courts developed the practice of auctioning the ¢rms undergoing reorganizations as a means for maximizing the return to the creditors.
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