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Persistent link: https://www.econbiz.de/10013002918
banks in distress or facing insolvency. The Banking (Special Provisions) Act 2008 was hurriedly introduced on 21 February … recourse to ordinary insolvency procedures such as those under the Insolvency Act 1986. The Act gave the Treasury wide powers …
Persistent link: https://www.econbiz.de/10013158720
The failure of financial institutions is often depicted as an externally-driven event in which certain triggers almost inevitably lead to the collapse of the firm. In contrast, this paper views institutional failure as a multistage process in which precautionary measures taken by the firm can...
Persistent link: https://www.econbiz.de/10013089043
to fail. Failure of a bank may trigger formal insolvency (resolution) proceedings, if there is no available option to … save it as a going concern. Bank insolvency proceedings comprise various mechanisms, instruments, and transactions to … enable resolution authorities to properly deal with a failed bank. Bank restructuring within insolvency proceedings means …
Persistent link: https://www.econbiz.de/10013052778
This paper examines the negative externalities that may occur when a large bank fails, describes the nature of those externalities, and explores whether they may be greater in a case involving a large cross-border banking organization. The analysis suggests that the chief negative externalities...
Persistent link: https://www.econbiz.de/10003730539
Claims trading has become a significant and controversial feature of American bankruptcy practice over the past thirty years. This Report chronicles the rise of claims trading in the second decade of the Bankruptcy Reform Act of 1978 and analyzes the various policy concerns it raises. Most...
Persistent link: https://www.econbiz.de/10012836730
Economic theory conjectures complementarities between the ranking of creditors in formal insolvency proceedings and the … the insolvency law, like culture and history. …
Persistent link: https://www.econbiz.de/10010425216
For nearly two years, the two of us have had a running discussion of the costs and benefits of automatic stays in bankruptcy for qualified financial contracts (QFCs) such as derivatives and repurchase agreements, particularly those held by systemically important major dealer banks. Under current...
Persistent link: https://www.econbiz.de/10009504439
What are the costs of congested court systems? This paper studies the 2005 consumer bankruptcy reform, which caused the largest recorded drop in the caseload of bankruptcy courts in the United States. The reform changed the law for individual debtors but left corporate bankruptcies unaffected....
Persistent link: https://www.econbiz.de/10012853260