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The restructuring directive's stay: Post‐implementation perspectives and asset‐deployment risks

International Insolvency Review

Published online on

Abstract

["International Insolvency Review, EarlyView. ", "\nAbstract\nThe Restructuring Directive addresses the stay's impact on security enforcement but not asset deployment. It leaves uncertainty on how security agreements interact with executory contracts, giving Member States discretion. This affects debtors' ability to dispose of encumbered assets and impacts creditors' contractual rights, ultimately influencing restructuring effectiveness.\n"]