Showing 1 - 10 of 38
that one or more might default. As the crisis persisted, a very unlikely word crept into these conversations: bankruptcy …. Should Congress provide a bankruptcy option for states, or would bankruptcy be a mistake? The goal of this Article is to … structured as a “case” for bankruptcy, rather than an “on the one hand, on the other hand” assessment. But it seeks to be …
Persistent link: https://www.econbiz.de/10013114301
law. Debt agreements were introduced into Australian personal insolvency law in 1996 as an alternative to bankruptcy. This … alternative to bankruptcy …
Persistent link: https://www.econbiz.de/10013119696
existing U.S. law, distressed municipalities can file for bankruptcy if their state permits this, as roughly half do. The … states themselves do not have a bankruptcy option, however, no matter how bleak their circumstances may be. There have … recently been dramatic developments in the handling of municipal distress. Several cities have filed for bankruptcy under …
Persistent link: https://www.econbiz.de/10013083964
. This paper expands the prevailing normative theory of corporate bankruptcy — the Creditors' Bargain theory — to include a … role for bankruptcy as a provider of liquidity. The Creditors' Bargain theory argues that bankruptcy law should be limited … caused by multiple creditor coordination problems. As such, bankruptcy law is justified in solving these problems in addition …
Persistent link: https://www.econbiz.de/10013064354
public employee pensions can be restructured in bankruptcy, with a particular focus on Detroit. Part I gives a brief overview … the legal argument for restructuring an underfunded pension in bankruptcy. Part III considers the major federal …
Persistent link: https://www.econbiz.de/10013072407
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 …
Persistent link: https://www.econbiz.de/10013015442
bankruptcy protections. This Article focuses on three of the most important of these issues: the exclusion of brokerage firms … exemption of derivatives from the automatic stay and other basic bankruptcy provisions. In Parts I, II and III of the Article, I … provisions has also raised even more questions, once again most prominently in the Lehman bankruptcy.In the final part of the …
Persistent link: https://www.econbiz.de/10013151622
Although the term “bankruptcy” is nowhere to be found in the Bible, debt and the consequences of default are a major … parables.In this essay, I very briefly describe the evolution of bankruptcy, focusing most extensively on a proposal by the … of Biblical teaching on debt and debt relief for modern bankruptcy law, especially American bankruptcy law. The past …
Persistent link: https://www.econbiz.de/10012844698
This article compares reforms to directors' liability for insolvent trading in Singapore and in Australia. The authors analyse the law in these two countries because they are important Asia-Pacific trading partners and their laws were originally largely the same – Singapore's law on insolvent...
Persistent link: https://www.econbiz.de/10012844974
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 …
Persistent link: https://www.econbiz.de/10012955926