unity of insolvency proceedings | unity of bankruptcy proceedings

divorce based on acceptance of the principle of the breakdown of the marriage

principle of the unity of the bankruptcy

Senior Deputy Bankruptcy Administrator

Senior Bankruptcy Officer

Principle 2: Second chance | Only five Member States (Belgium, Finland, Ireland, Spain and the United Kingdom) comply with the recommendation[49] to complete all legal procedures to wind up a business in the case of non-fraudulent bankruptcy within a year.

The recommendation also invites Member States to consider applying the principles to consumer over-indebtedness and bankruptcy.

In particular, sums deriving from the issue of those bonds shall be invested in accordance with the law in assets which, during the whole period of validity of the bonds, are capable of covering claims attaching to the bonds and which, in the event of failure of the issuer, would be used on a priority basis for the reimbursement of the principal and payment of the accrued interest.

6. Supports the adoption of the ‘home’ country principle – whereby policies written by an insurer, regardless of location of sale, are covered by the ‘home’ IGS – recognising (a) that under Solvency II the cross-border provision of insurance services will increase, and (b) that the failure of an insurer will be linked to the inadequacy of supervision by the ‘home’ supervisor, so that the burden of responsibility for failure should be borne by the ‘home’ IGS, which should provide last-resort protection to consumers only when insurance undertakings are unable to fulfil their contractual commitments owing to insolvency; calls on the Commis ...[+++]sion to conduct an impact assessment and public consultation with stakeholders on the inclusion of life insurance as a matter of priority and on the practicality of including non-life insurance in a cross-border IGS to ensure an appropriate level of consumer protection and a level playing field between Member States; believes that a rationale should be established by the Commission and the EIOPA in order to ensure that the additional costs of an IGS are weighed against the objective of consumer protection; notes that the current EU regulation on deposit guarantee schemes and investor protection schemes covers only savings products;