The jam in the sandwich - the European Insolvency Regulation’s strengths and shortcomings in a crypto-asset market

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Moffatt, P. ORCID: 0000-0001-7219-4092 and Skauradszun, D., 2023. The jam in the sandwich - the European Insolvency Regulation’s strengths and shortcomings in a crypto-asset market. In: INSOL Europe Academic Forum, Amsterdam, 11-12 October 2023.

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Abstract

This paper is about new types of debtor who are active in the crypto-asset market and who subsequently face financial distress. It was presented at the INSOL Europe Academic Forum, Amsterdam, on 12 October 2023.

The paper considers some of the developments in the markets in crypto-assets. As these markets have developed rapidly, new types of debtor have emerged. This raises the question as to whether the rules that apply to established types of debtor will also apply to these new types of debtor? What happens when these new types of debtor become insolvent? What insolvency regime will, or should, apply to them?

As part of a critical consideration of the appropriate insolvency regime for these new types of debtor, the final section of the paper assesses the strengths and shortcomings of the EIR.

Item Type:

Conference contribution

Alternative Title:

The European Insolvency Regulation's strengths and shortcomings in a crypto-asset market

Creators:

Moffatt, P. and Skauradszun, D.

Date:

October 2023

Identifiers: