JUR 3650 Lien, Reconstruction and Bankruptcy
JUR 3650 Lien, Reconstruction and Bankruptcy
A limited company that does not have sufficient funds to cover its debts can be declared bankrupt upon petition from the company itself or a creditor. Bankruptcy essentially means that a bankruptcy estate seizes and sells the debtor's limited assets before the proceeds are distributed among creditors according to legally established claims. How the final distribution will be depends in part on the extent to which the company has pledged its assets as security for certain creditors, the extent to which transactions carried out shortly before the opening of bankruptcy can be reversed, and the rules for distributing assets among unsecured creditors.
The ability to pledge assets is significant for how a company's funds are distributed in the event of bankruptcy. The ability to pledge can make it easier and cheaper for a company to receive loans, thus having a significant impact on the business community's access to financing. The subject covers the frameworks for pledging assets typically owned by limited companies—real estate, movable property, simple monetary claims, and shares.
Bankruptcy proceedings entail costs and are not always economically desirable. Therefore, in some cases, it may be preferable for creditors, the company itself, and other stakeholders for creditors to waive parts of their claims against the company, thereby reducing the debt burden to a sustainable level. To facilitate this, the rules of the reconstruction law concerning compulsory arrangements grant courts the authority to approve changes to companies' debt obligations even if not all affected creditors have consented. The subject discusses when companies can be granted a request for so-called reconstruction negotiations and the conditions for writing down debts through reconstruction with a compulsory arrangement.
Upon completion of the course, students shall have good knowledge of:
- The rules regarding the pledging of real estate, movable property, simple claims, and shares, and the effects of pledging on the pledgor and pledgee during the security phase.
- The rules regarding the legal protection and priority of pledge rights.
- The relationship between a pledge right and the secured claim.
- The conditions for opening reconstruction negotiations and bankruptcy.
- The significance of the opening of bankruptcy for the debtor's creditors, including secured creditors.
- The rules regarding the status of contracts in reconstruction negotiations and bankruptcy.
- The estate's right to seize assets and the ability to reverse transactions made before the bankruptcy is opened.
- The order of priority in the distribution of dividends from the bankruptcy estate.
- The extent to which reconstruction with a compulsory arrangement can interfere with the claims of creditors without the consent of all affected creditors.
- The duties of management in a limited company when the company encounters financial problems.
Upon completion of the course, students shall be able to:
- Draft a valid agreement for pledging real estate, movable property, simple monetary claims, or shares.
- Determine whether a limited company meets the conditions for opening reconstruction negotiations and bankruptcy.
- Assess whether a payment or pledge made before the opening of bankruptcy can be reversed.
- Explain the legal effects of opening reconstruction negotiations and bankruptcy on secured creditors.
- Evaluate whether a proposal to write down debts can be adopted as a reconstruction with a compulsory arrangement and which creditors must vote in favor.
Upon completion of the course, the student is expected to be able to:
- Understand which interests are affected by pledge rights and insolvency law, and which interests are prioritized under current law.
- Understand the significance of the rules regarding pledging, reconstruction, and bankruptcy for the financing of limited companies.
- The relationship to EU and EEA law.
- The process of bankruptcy proceedings.
- The purpose of insolvency proceedings.
- Who can be subjected to bankruptcy proceedings?
- The conditions for opening bankruptcy and reconstruction negotiations.
- The estate's right to seize assets.
- The estate's right to step into the debtor's contracts.
- Reversal of transactions.
- Distribution of the debtor's assets.
- The ability to pledge real estate, movable property, simple monetary claims, and shares, and the rules regarding legal protection.
- The relationship between the pledge right and the secured claim.
- Legal and extrajudicial reconstruction of enterprises.
- The duties of management during a financial crisis.
The teaching consists of a combination of traditional lectures, discussions, and problem-solving.
Higher Education Entrance Qualification
Disclaimer
Deviations in teaching and exams may occur if external conditions or unforeseen events call for this.
Assessments |
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Exam category: School Exam Form of assessment: Written School Exam - digital Exam/hand-in semester: First Semester Weight: 100 Grouping: Individual Support materials:
Duration: 6 Hour(s) Exam code: JUR 36501 Grading scale: ECTS Resit: Examination every semester |
Activity | Duration | Comment |
---|---|---|
Teaching | 30 Hour(s) | |
Feedback activities and counselling | 2 Hour(s) | |
Individual problem solving | 13 Hour(s) | |
Student's own work with learning resources | 149 Hour(s) | |
Examination | 6 Hour(s) |
A course of 1 ECTS credit corresponds to a workload of 26-30 hours. Therefore a course of 7,5 ECTS credit corresponds to a workload of at least 200 hours.