1. Insolvency Initiative Consultation on an effective insolvency framework within the EU
Mihaela CARPUS CARCEA
Directorate-General for Justice and Consumers
Unit A1 Civil Justice Policy
7 April 2016

2. Practical information
Period of consultation: 23/03/16 until 14/06/16
Online consultation questionnaire (EU-Survey)
All EU languages (from mid-April)
Open questions and free text boxes
Optional questions
Separate written contributions
Transparency Register
7 April 2016

3. Objectives Gather views of broadest possible range of respondents
Identify aspects having particular importance for Internal Market or the integration of capital markets
Identify aspects that could form part of a legislative initiative or other possible complementary action
7 April 2016

4. Subject matters covered
General scope and envisaged problem areas
Focus on:
Preventive restructuring proceedings
Matters already covered by the 2014 Recommendation (stay, new finance, cram-down, involvement of courts etc.)
+ New areas: valuation questions, harmonisation of insolvency test, incentives for directors to file early, early warning and support measures
Second chance
Matters already covered by the 2014 Recommendation (e.g. discharge periods, excluded claims)
+ New areas: consumer insolvency, availability of debt advice, common definition of "honesty"
7 April 2016

5. Other matters with impact on the recovery of debts
Ranking of claims and order for priorities
Avoidance actions
Insolvency practitioners
Specialisation of courts
Disqualification orders for directors
7 April 2016

6. Thank you! The consultation is available at:
7 April 2016