Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.
Personal bankruptcy law allows, in certain jurisdictions, an individual to be declared bankrupt. Virtually every country with a modern legal system features some form of debt relief for individuals. Personal bankruptcy is distinguished from corporate bankruptcy.
In accounting, insolvency is the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency.
Thomas Middelhoff is a German corporate manager. From 1994 to 1998, he was a member of the Executive Board of Bertelsmann AG, until he then served as CEO of the Bertelsmann media group from November 1998 to July 2002. In 2002, he was Head of Corporate Investments in Europe for Investcorp International Ltd until May 2005. From May 2005 to February 2009, Middelhoff then took over as Chairman of the Board of Management of the retail group Arcandor. After Arcandor, Thomas Middelhoff founded the investment company BLM in London with Roland Berger and Florian Lahnstein. The spin-off Pulse Capital Partners LLC emerged from this company.
Arcandor AG was a holding company located in Essen, Germany, that oversaw a number of companies operating in the businesses of mail order and internet shopping, department stores and tourism services. It was formed in 1999 by the merger of Karstadt Warenhaus AG, founded in 1920, with Quelle AG, founded in 1927. In 2005, the corporation had about 68,000 employees and annual sales of €15.5 billion. Its stocks were traded on the Mid Cap DAX until September 2009. The company's largest store was Kaufhaus des Westens (KaDeWe) in Berlin, and the largest store operated by Karstadt was in Frankfurt.
SolarWorld is a German company dedicated to the manufacture and marketing of photovoltaic products worldwide by integrating all components of the solar value chain, from feedstock (polysilicon) to module production, from trade with solar panels to the promotion and construction of turn-key solar power systems. The group controls the development of solar power technologies at all levels in-house.
Trade credit insurance, business credit insurance, export credit insurance, or credit insurance is a type of insurance policy and a risk management product offered by private insurance companies and governmental export credit agencies to business entities wishing to protect their accounts receivable from loss due to credit risks such as protracted default, insolvency or bankruptcy. This insurance product is a type of property and casualty insurance, and should not be confused with such products as credit life or credit disability insurance, which individuals obtain to protect against the risk of loss of income needed to pay debts. Trade credit insurance can include a component of political risk insurance which is offered by the same insurers to insure the risk of non-payment by foreign buyers due to currency issues, political unrest, expropriation etc.
As a legal concept, administration is a procedure under the insolvency laws of a number of common law jurisdictions, similar to bankruptcy in the United States. It functions as a rescue mechanism for insolvent entities and allows them to carry on running their business. The process – in the United Kingdom colloquially called being "under administration" – is an alternative to liquidation or may be a precursor to it. Administration is commenced by an administration order.
Thomas Cook Group plc was a global travel group, headquartered in the United Kingdom and listed on the London Stock Exchange from its formation on 19 June 2007 by the merger of Thomas Cook AG — successor to Thomas Cook & Son — and MyTravel Group until 23 September 2019, when it went into compulsory liquidation. The group operated as a tour operator and airline, and also operated travel agencies in Europe. At the time of the group's collapse, approximately 21,000 worldwide employees were left without jobs and 600,000 customers were left abroad, triggering the UK's largest peacetime repatriation.
Chapter 9, Title 11, United States Code is a chapter of the United States Bankruptcy Code, available exclusively to municipalities and assisting them in the restructuring of their debt. On July 18, 2013, Detroit, Michigan became the largest city in the history of the United States to file for Chapter 9 bankruptcy protection. Jefferson County, Alabama, in 2011, and Orange County, California, in 1994, are also notable examples. The term 'municipality' denotes "a political subdivision or public agency or instrumentality of a State," but does not include a state itself. States are therefore unable to file for bankruptcy even though they have defaulted in their obligations.
Madeleine Schickedanz is a German heiress and philanthropist. She is the daughter of Gustav and Grete Schickedanz, the founders of catalog retailer Quelle Versand, which was merged with Karstadt to form Arcandor, a company listed in Germany's Mid Cap DAX stock index until its 2009 bankruptcy.
Dawnay Day is a privately owned financial services group. Founded in 1928, the London-based group, employs more than 1,000 employees and claims to own gross assets of more than $4-billion. It has offices in Europe, the Middle East, India, the US, and Australia.
Pre-packaged insolvency is a kind of bankruptcy procedure, where a restructuring plan is agreed upon in advance of a company declaring its insolvency. In the United States pre-packs are often used in a Chapter 11 filing. In the United Kingdom, pre-packs have become popular since the Enterprise Act 2002, which has made administration the dominant insolvency procedure. Such arrangements are also available in Canada under the Companies' Creditors Arrangements Act.
Bankruptcy in Irish Law is a legal process, supervised by the High Court whereby the assets of a personal debtor are realised and distributed amongst his or her creditors in cases where the debtor is unable or unwilling to pay his debts.
Bankruptcy tourism is the phenomenon whereby residents of one country move to another jurisdiction in order to declare a personal bankruptcy there, before returning to their original country of residence. This is done in order facilitate bankruptcy in a new jurisdiction where the insolvency laws are deemed to be more favourable. It is most prevalent in Europe where EU laws allow the free movement of residents to other Eurozone countries. Once in the new jurisdiction a person seeking bankruptcy must establish their Centre of Main Interests there in order to qualify as a resident and, therefore, petition for a successful bankruptcy.
Insolvency law of Russia mainly includes Federal Law No. 127-FZ "On Insolvency (Bankruptcy)" and Federal Law No. 40-FZ "On Insolvency (Bankruptcy) of Credit Institutions".
Bhupender Yadav is an Indian politician who serves as the Union Cabinet Minister of Labour and Employment, Environment, Forest and Climate Change in the Government of India. Member of Parliament, Lok Sabha from Alwar He is the National General Secretary of the Bharatiya Janata Party. He is a Member of Parliament in the Rajya Sabha, representing the state of Rajasthan, a position he has held since 2012. He was reelected in April 2018.
The National Company Law Tribunal (NCLT) is a quasi-judicial body in India that adjudicates issues relating to Indian companies. The tribunal was established under the Companies Act 2013 and was constituted on 1 June 2016 by the government of India and is based on the recommendation of the V. Balakrishna Eradi committee on law relating to the insolvency and the winding up of companies.
Cross-border insolvency regulates the treatment of financially distressed debtors where such debtors have assets or creditors in more than one country. Typically, cross-border insolvency is more concerned with the insolvency of companies that operate in more than one country rather than bankruptcy of individuals. Like traditional conflict of laws rules, cross-border insolvency focuses upon three areas: choice of law rules, jurisdiction rules and enforcement of judgment rules. However, in relation to insolvency, the principal focus tends to be the recognition of foreign insolvency officials and their powers.
The Insolvency and Bankruptcy Code, 2016 (IBC) is an Indian law which creates a consolidated framework that governs insolvency and bankruptcy proceedings for companies, partnership firms, and individuals.
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