Cram-down und Vorrangregel

The book deals with a typical challenge in modern restructuring proceedings. At the heart of today's proceedings is a restructuring plan on which those affected by the plan vote in classes. A court can confirm a plan and make it binding on those who do not support it (“cram-down”).

The author examines the prerequisites for the use of judicial cram-down powers from a comparative law perspective, also considering aspects of law & economics, legal history and legal doctrine. The focus lies on cross-class cram-downs, with particular attention to aspects of fair treatment of affected parties across different ranks.