law. Debt agreements were introduced into Australian personal insolvency law in 1996 as an alternative to bankruptcy. This … alternative to bankruptcy …

in common with the Bankruptcy Code. This is easy to overlook because the legislation uses a language and employs a … decision-maker (both borrowed from bank regulation) that will seem foreign to bankruptcy lawyers. Our task in this essay is to …

This essay summarizes four papers: “Bargaining Around Bankruptcy: Small Business Distress and State Law,” 38 Journal of … Legal Studies 255 (2009); “Bankruptcy's Rarity: An Essay on Small Business Bankruptcy in the United States,” 5 European … Company & Financial Law Review 172 (2008); “Small Business Bankruptcy and the Bankruptcy Abuse and Consumer Protection Act of …

This paper assesses the importance of adverse health shocks as triggers of bankruptcy filings. We view car crashes as a … bankruptcy case files. We report two findings: (i) there is a strong positive correlation between an individual's pre … accounting for this simultaneity, we are unable to identify a causal effect of health shocks on bankruptcy filing rates. These …

highly sceptical about the value of debt agreements, or ‘Part IX' agreements. By contrast, they generally saw bankruptcy as a … regarding the long term impact of bankruptcy upon severely disadvantaged debtors. Several expressed the view that bankruptcy … disadvantages, such as mental illness. Instead, for people in this situation, bankruptcy offers little more than a temporary …

We analyze a sample of large privately and publicly held businesses that filed Chapter 11 bankruptcy petitions during … bankruptcy filing, and few reorganization plans (at most 12 percent) deviate from the absolute priority rule to distribute value … loans extended to firms in bankruptcy. Unsecured creditors gain leverage through objections and other court motions. We also …

Policymakers have minimized the role of bankruptcy law in mitigating the financial fallout from COVID-19. Scholars too … are unsure about the merits of bankruptcy, especially Chapter 11, in resolving business distress. We argue that Chapter 11 …, however, bankruptcy should serve as a backstop to other policies, such as the CARES Act. Consumer bankruptcy law's primary …

Bankruptcy is widely regarded as a means of rehabilitation for debtors in severe financial hardship. To date, however … demonstrate that, for many Australian debtors, bankruptcy results in genuine improvements to financial stability, health …, relationships and general well-being. At the same time, they suggest that the outcomes of bankruptcy can vary significantly …