Study of security interests and business rehabilitation in the age of Asset Based Lending

2015 Fiscal Year Final Research Report

• Project/Area Number: 24530096
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Osaka City University
• Principal Investigator: Takata Kenji 大阪市立大学, 大学院法学研究科, 教授 (40326541)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Keywords: 清算価値保障原則 / 債権者の一般の利益 / ＡＢＬ / 包括担保

Outline of Final Research Achievements

I show that the general interests of creditors means not only best interest but also the others. I study the best interest test. The test is that debtors can go corporate reorganization proceedings when they can pay more money than that in bankruptcy liquidation. But I discuss that we have to consider the features of the rehabilitation act if we use the best interest test and that the court may confirm the plan which is under the liquidation value when most of creditors support it.
I study Asset Based Lending in England. I show the following features. The first is that floating charge is less priority than fixed charge. The second is that there is the subscribed part for unsecured creditors. The last is that a secured creditor manage to protect their interests under that circumstance.

Free Research Field

倒産法