This essay revisits earlier work on the relationship between insolvency law and secured credit, the role of secured transactions law reforms, and the benefits of secured credit. These complex relationships require a holistic approach toward reforms of secured transactions law and insolvency law....

In reflecting on the peculiar legal features of American Depositary Shares, this paper considers the hypothesis of insolvency of some of the relevant parties in the contractual scheme in order to extract the legal implications (both contractual and otherwise) arising from the use of ADRs as a...

This Working Paper addresses Petróleos de Venezuela, S.A. (PDVSA), a State Owned Enterprise (SOE) and National Oil Company (NOC) fully owned by Venezuela, which operates the oil and gas industry in the country, and its eventual insolvency and default on its payments obligations due under its...

Financial analyses such as valuation, solvency and capital adequacy play a crucial role in bankruptcy. Over the course of the 20th century, methods of financial analysis in bankruptcy have shifted from earnings multiples to discounted cash flow (DCF) and recently to market-based approaches such...

Dun's Review began publishing monthly data on bankruptcies by branch of business during the 1890s. Those series evolved through many iterations. This essay reconstructs the series from 1895 to 1935 and discusses how it can be used for economic analysis

Sovereign governments often discriminate between creditors during debt default episodes. This paper explores how expectations of selective default affect sovereign bond trading and sovereign risk premia based on a historical laboratory: the German external default of the 1930s. We exploit a...

This paper explores how selective default expectations affect the pricing of sovereign bonds in a historical laboratory: the German default of the 1930s. We analyze yield differentials between identical government bonds traded across various creditor countries before and after bond market...

The article provides an introduction to the Islamic law of bankruptcy. We believe this is the first in depth examination of the classical Islamic law of bankruptcy, IFLAS, in the English language. The article discusses the basic elements and tenets of Shari'a, the body of classical Islamic law,...

We re-assess the view that sovereigns with a history of default are charged only a small and/or short-lived premium on the interest rate warranted by observed fundamentals. Our reassessment uses a metric of such a “default premium” (DP) that is consistent with asymmetric information models...