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6 - Approval of Corporate Reorganisation Plans in China

Published online by Cambridge University Press:  21 September 2018

Zinian Zhang
Affiliation:
University of Leeds
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Summary

Chapter 6 focuses on how courts approve corporate reorganization plans that have been voted by affected parties. In particular, this chapter investigates how courts approve consensual reorganization plans that have been voted for by the affected, and, more importantly, how courts conduct the statutory tests before cram-down approving non-consensual reorganization plans that have been voted down by some classes of stakeholders. The empirical data reveal that the cram-down approval is used in about a quarter of the surveyed cases, with the rest resorting to normal approvals. And, in many cram-down approvals, due to a lack of judicial independence, courts violate the bankruptcy rules and unlawfully give a green light to reorganization plans that do not meet the statutory conditions set up by the bankruptcy law.
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Corporate Reorganisations in China
An Empirical Analysis
, pp. 172 - 220
Publisher: Cambridge University Press
Print publication year: 2018

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