Entrepreneurs and Insolvency Law: The Right to a Fresh Start

by Remigijus Jokubauskas

Overview

This book analyses the discharge of debts procedure in relation to insolvent entrepreneurs, covering the protection of human rights under insolvency law.

The process of discharge of debt is a key mechanism in insolvency law when addressing individual over-indebtedness. This book promotes the “fresh start” principle, which is the primary objective of the debt discharge process for insolvent entrepreneurs, and explores how fundamental human rights apply within such insolvency proceedings. Aiming to justify the limitation of creditors’ property rights when their claims are discharged, it discusses the models and procedures for insolvency proceedings involving entrepreneurs. Discussing the EU Restructuring and Insolvency Directive ((EU) 2019/1023) and the UNCITRAL Legislative Guide on Insolvency Law for Micro- and Small Enterprises (2022), the book addresses specific aspects of the discharge of debt process that present practical and theoretical challenges, and suggests practical solutions.

The book will be of interest to researchers in the field of insolvency law, financial law, and entrepreneurship.

Product Details

ISBN-13:	9781032995601
Publisher:	Taylor & Francis
Publication date:	05/23/2025
Pages:	226
Product dimensions:	6.12(w) x 9.19(h) x (d)

About the Author

Remigijus Jokubauskas is an attorney at law and an associate professor of insolvency law at Mykolas Romeris University (Lithuania). He teaches national and international insolvency law and is the author of numerous articles on insolvency and enforcement law. He has also published a few books on insolvency proceedings of enterprises and natural persons in Lithuania. He has been working as an expert on various human rights projects of the Council of Europe and gives lectures and workshops on private international law and insolvency law to judges and insolvency practitioners.

Table of Contents

1. Introduction

2. A Fresh Start as a Leading Goal

3. Right to Discharge and Exercise of Human Rights

4. Notions of an Entrepreneur

5. Harmonisation of the Discharge Procedure in EU Law

6. Actions and Models of the Discharge Procedure

7. Non-Dischargeable Debts

8. Processing and Protection of Personal Data

 

Conclusions