Showing 1 - 10 of 21,847
The survey of real outcomes of insolvency proceedings in the Czech Republic analysed by this study took place during … of certain crucial data as to the actual outcome of insolvency proceedings in the Czech Republic, i.e. especially as to … basic information on the structure of the insolvency act in the Czech Republic and possible changes in legislation that …
Persistent link: https://www.econbiz.de/10011195423
Persistent link: https://www.econbiz.de/10004571695
We explore the rationale behind and the mechanisms employed by French judges while discharging personal debts in exchange for liquidation of debtors' assets. Our empirical results highlight the determinants of judicial selection between debtors whose debts are wiped out and those who have to...
Persistent link: https://www.econbiz.de/10010714284
Activist institutional investors traditionally have invested in a company's equity to try to influence change at the company. Some of these investors, however, are now purchasing a company's debt for this same purpose. They may seek to change a company's management and board personnel,...
Persistent link: https://www.econbiz.de/10012772065
The Securities and Exchange Commission has recently attempted to establish a new form of insider trading: the use of nonpublic information about mutual fund portfolio holdings to engage in fund arbitrage. In a series of settled cases, the SEC has alleged that fund managers violated rules...
Persistent link: https://www.econbiz.de/10012736407
In economic theory, the residual owner is the perfect person to control the bankrupt firm. The residual owner risks its own money and has incentives identical to those of the firm. But in more than fifteen years of trying, scholars have not been able to specify a mechanism that would identify...
Persistent link: https://www.econbiz.de/10012739008
adoption are bleak. quot;Modified universalismquot; as proposed in the American Law Institute Transnational Insolvency Project …
Persistent link: https://www.econbiz.de/10012742626
Courts have repeatedly stated that equitable subordination is a compensatory remedy. This view is demonstrably mistaken; if equitable subordination is compensatory, only injured creditors, and not trustees or debtors in possession, would have Constitutional standing to bring equitable...
Persistent link: https://www.econbiz.de/10012733701
The reforms of 2005 yield important but subtle changes in the Bankruptcy Code's treatment of financial contracts. They might appear only to eliminate longstanding uncertainty surrounding the protections available to financial contract counterparties, especially counterparties to repurchase...
Persistent link: https://www.econbiz.de/10012734623
We analyze a sample of large privately and publicly held businesses that filed Chapter 11 bankruptcy petitions during 2001. We find pervasive creditor control. In contrast to traditional views of Chapter 11, equityholders and managers exercise little or no leverage during the reorganization...
Persistent link: https://www.econbiz.de/10012720961