B2 Non-refereed book chapter or chapter in a compilation book

Roaming along the Stony Road: Absolute and Relative Priorities in Corporate Restructuring




AuthorsHupli, Tuomas

EditorsAlaattinoğlu, Daniela; Nousiainen, Kevät; Verdú Sanmartin, Amalia

Publication year2026

Book title The Neutral Law? Essays in Honour of Johanna Niemi

First page 96

Last page102

ISBN978-951-51-8340-8

eISBN978-951-51-8339-2

Publication's open availability at the time of reportingOpen Access

Publication channel's open availability Open Access publication channel

Web address http://hdl.handle.net/10138/627846

Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/515636263

Self-archived copy's licenceCC BY NC

Self-archived copy's versionPublisher`s PDF


Abstract

This chapter critically examines the Finnish corporate restructuring framework under the Restructuring of Enterprises Act, highlighting its unchanged state since Johanna Niemi’s 1995 doctoral thesis. A central concern is the protection afforded to shareholders of insolvent companies, while creditors bear the financial burdens through significant reductions to their claims. The chapter emphasises Niemi’s influential perspective that insolvency law ultimately affects human lives, not just financial transactions. It also explores the moral and legal implications of the order of priority in insolvency proceedings, which the EU leaves to individual Member States. The chapter discusses the limitations imposed by the Finnish Supreme Court’s ruling in KKO 2003:73, particularly regarding the application of the absolute priority rule (APR) in cross-class cram downs. It concludes by assessing the potential for future reform through ongoing legislative efforts, such as the debt-to-equity swap project, while acknowledging the enduring constraints of existing statutory law.


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Last updated on 04/03/2026 09:35:29 AM