'No Evil is Without Good': A Comparative Analysis of Pre-pack Sales in the UK and the Netherlands

摘要

In the last decade or so, the pre-pack has been widely endorsed as a significant rescue tool across a range of European jurisdictions. Although the seamless prepack can prove to be a very attractive method of affecting a corporate restructuring, a variety concerns nevertheless arise primarily due to the lack of transparency of the process. The aim of this article is to provide an overview of the pre-pack process in two different jurisdictions commonly regarded as creditor-friendly, namely, the UK and the Netherlands. In addition, the aim of the article is to offer a comparative analysis of the approach taken in these two jurisdictions towards the pre-pack, with particular regard placed on the perspective of secured creditors. Copyright (c) 2018 INSOL International and John Wiley & Sons, Ltd.