Research on Court Intervention in Pre-reorganization

Authors

  • Raymond Zhang

DOI:

https://doi.org/10.54097/qi1oy07j

Keywords:

Prepackaged Reorganization, Pre-reorganize System, Court Intervention, Pre-reorganization Plan Application

Abstract

The significance of pre-reorganization system lies in the connection between out-of-court reorganization system and in-court reorganization system. The validity of the reorganization agreement reached by the parties through negotiation at the stage of out-of-court reorganization can be directly extended to the reorganization procedure after being examined and approved by the court, and the relevant procedures can be omitted. However, the problem of the pre-reorganization system at this stage is that the court's interference in the pre-reorganization and reorganization stage will lead to the failure of the pre-reorganization system to play its full role, thus causing judicial waste. Therefore, the court should increase its own influence and intervene in the reorganization proceedings as required at the stage of submission of the pre-reorganization plan.

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References

Procedural Guide lines for Prepackaged and Prenegotiated Chapter 11 in the United States Bankruptcy Court for the Eastern District of New York, (2016). https:// www.nysb. uscourts.gov/sites/default/files/prepack.pdf.

Wang, Z. (2009) Legal and economic analysis of pre-restructuring system. Tribune of Political Science and Law, 2:103.

Finch, V., Milman, D. (2017) Corporate insolvency law. Cambridge University Press, New York.

Wang, X. (2021) Establish a market-oriented and law-based pre-reorganization system, Journal of Political Science and Law, 6: 76.

Xu, Y. (2021) Research on legal regulation of pre-reorganization of troubled enterprises. Studies in Law and Business, 38(3): 77.

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Published

10-12-2023

Issue

Section

Articles

How to Cite

Zhang, R. (2023). Research on Court Intervention in Pre-reorganization. Academic Journal of Management and Social Sciences, 5(3), 37-39. https://doi.org/10.54097/qi1oy07j