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A Talmudic Bankruptcy Solution : The CCC Principle

Fon, Vincy - 2016

case remained a puzzle until recently when modern game theory (Aumann and Maschler, 1985) was enlisted to demystify all …

Persistent link: https://www.econbiz.de/10012996451

Statutory and Common Law Enforcement of Foreign Insolvency Judgments

Ho, Look Chan - 2011

judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act … 1933. This is because the Foreign Judgments (Reciprocal Enforcement) Act 1933 applies to foreign insolvency judgments …. Where the 1933 Act applies, section 426 of the Insolvency Act 1986 and the common law cannot enforce foreign insolvency …

Persistent link: https://www.econbiz.de/10013124820

Trustees' Rights of Indemnity, Insolvency and Statutory Distributions to Preferred Creditors

Leeming, Mark - 2019

What is the nature of a trustee's right of indemnity, and, in particular, if the trustee of a trading trust is wound up, how does it interact with the Australian statutory scheme for distribution to creditors? Two Australian intermediate courts delivered substantial judgments addressing these...

Persistent link: https://www.econbiz.de/10012863938

Do-Not-Track as Default

Fairfield, Joshua - 2013

Do-Not-Track is a developing online legal and technological standard that permits consumers to express their desire not to be tracked by online advertisers. Do-Not-Track has the ability to change the relationship between consumers and advertisers in the information market. Everything will depend...

Persistent link: https://www.econbiz.de/10014152926

Conflict of Laws in Insolvency Transaction Avoidance

Ho, Look Chan - 2008

insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on …

Persistent link: https://www.econbiz.de/10014216751

Ordre Public and Cross-Border Insolvency : Especially in Relation to Council Regulation (EC) No. 1346/2000 on Insolvency Proceedings

Belohlavek, Alexander J. - 2015

Persistent link: https://www.econbiz.de/10013023742

The Consequences of a Relic's Codification : The Dubious Case for Bad Faith Dismissals of Involuntary Bankruptcy Petitions

Shachmurove, Amir - 2020

Since 1978, dismissals of involuntary bankruptcy petitions due to petitioning creditors' bad faith have proliferated. In the process, a textual oddity has not gone unnoticed: even as “bad faith” is denominated as the basis for an award of punitive damages, nowhere in the Bankruptcy Code's...

Persistent link: https://www.econbiz.de/10012854641

Penalty Default Licenses : A Case for Uncertainty

García, Kristelia - 2014

Research on the statutory license for certain types of copyright-protected content has revealed an unlikely symbiosis between uncertainty and efficiency. Contrary to received wisdom, which tells us that in order to increase efficiency, we must increase stability, this Article will show that...

Persistent link: https://www.econbiz.de/10014154519

Clearinghouse Shareholders and 'No Creditor Worse off Than in Liquidation' Claims

Baker, Colleen - 2022

Clearinghouses are the centerpiece of global policymakers’ 2009 framework of reforms in the over-the-counter derivative markets in response to the 2007–08 financial crisis. Dodd-Frank’s Title VII implemented these reforms in the U.S. More than ten years have now passed since the...

Persistent link: https://www.econbiz.de/10014078993

Creditor Control Rights, Capital Structure, and Legal Enforcement

Daher, Mai - 2016

I investigate how the effectiveness of the judicial system impacts corporate financing policy through the channel of covenant violations across the world. Financial covenant violations trigger creditors to use their contractual acceleration and termination rights to increase interest rates or...

Persistent link: https://www.econbiz.de/10013004920