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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
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
techniques in the form of so-called pre-insolvency proceedings. These proceedings inhabit a space on the spectrum of insolvency … and restructuring law, somewhere between a pure contractual workout, the domain of contract law, and a formal insolvency … or rehabilitation proceeding, the domain of insolvency law. While, to date, international insolvency instruments have …
Persistent link: https://www.econbiz.de/10012847883
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
The recharacterization of leasehold interests as mortgages has several hundred years of history and doctrinal development that focuses on the intent of the parties. Bankruptcy cases, however, have recently abandoned this body of law, replacing it sub silentio with a federal economic substance...
Persistent link: https://www.econbiz.de/10013104320
We propose a new determinant of covenant strictness in syndicated loan contracts: the degree of creditor friendliness of Chapter 11 bankruptcy practices. This new channel dictates that the more debtor(creditor)-friendly the bankruptcy practice is, the more creditors will seek to...
Persistent link: https://www.econbiz.de/10012953024
compensate harms in algorithmic markets. Theory underscores the significance of robust laws to safeguard information flows and …
Persistent link: https://www.econbiz.de/10013003832
Persistent link: https://www.econbiz.de/10013007659
This study identifies a severe gap between the financial backlash borrowers believe awaits them after strategic mortgage default and the reality that lenders rarely pursue deficiency judgments. This, coupled with the social norm finding that borrowers widely view strategic default as immoral,...
Persistent link: https://www.econbiz.de/10013051040
This study discusses the many factors and considerations that enter into the strategic mortgage default (SMD) decision-making process. While it is not possible to construct a single cumulative distribution function (CDF) associated with this decision, it is important for policymakers to better...
Persistent link: https://www.econbiz.de/10013051045