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Several Conclusions from Research of Insolvency Cases in the Czech Republic
Smrčka, Luboš; Schönfeld, Jaroslav - In: Central European Business Review 2014 (2014) 1, pp. 13-19
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
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Bargaining Around Bankruptcy : Small Business Workouts and State Law
Morrison, Edward R. - 2008
In the United States, few failing businesses invoke the Bankruptcy Code to reorganize or liquidate. Most use non-bankruptcy procedures to accomplish the same purposes. These procedures include voluntary agreements between the debtor and its creditors (workouts) and formal devices such as...
Persistent link: https://www.econbiz.de/10012726031
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Toward a Federal Common Law of Bankruptcy : Judicial Lawmaking in a Statutory Regime
Levitin, Adam J. - 2007
Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...
Persistent link: https://www.econbiz.de/10012731895
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Toward a Federal Common Law of Bankruptcy : Judicial Lawmaking in a Statutory Regime
Levitin, Adam J. - 2007
Bankruptcy is a statutory system, yet it is replete with practices for which there is no direct authorization in the Bankruptcy Code. This article argues that the authorization for judicial creation of bankruptcy law beyond the provisions of the Code has been misidentified as the equity powers...
Persistent link: https://www.econbiz.de/10012731969
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Rough Justice? The Nature and Limits of Equitable Subordination
Levitin, Adam J. - 2006
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
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Financial Contracts and the New Bankruptcy Code : Insulating Markets from Bankrupt Debtors and Bankruptcy Judges
Morrison, Edward R. - 2006
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
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Insider Trading in Mutual Funds
Bullard, Mercer - 2005
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
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The Myth of the Residual Owner : An Empirical Study
LoPucki, Lynn M. - 2004
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
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Exclusive Contracts and the Institution of Bankruptcy
Rampini, Adriano A. - 2004
This paper studies the institution of bankruptcy when exclusive contracts cannot be enforced ex ante, e.g., a bank cannot monitor whether the borrower enters into contracts with other creditors. The institution of bankruptcy enables the bank to enforce its claim to any funds that the borrower...
Persistent link: https://www.econbiz.de/10012739196
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Causes of Bankruptcy in Europe and Croatia
Sajter, Domagoj - 2007
Ooghe and De Prijcker (2006) presented four main types of failure processes. The first describes the deterioration of unsuccessful newly established companies leaded by a management with a significant lack of managerial and industry related experience. The second is the failure process of...
Persistent link: https://www.econbiz.de/10012775810