We test the characteristics of bankruptcy procedures that are likely to generate recoveries for the creditors. We build … 132 original legal indexes accounting for the main functions of bankruptcy law that were highlighted by Hart (2000 … debtor's assets, the coordination of the claimants and their decision power under bankruptcy, and the sanction of faulty …

, hereafter identified as Keay's text, and Directors' Duties During Insolvency by Allens Arthur Robinson, hereafter identified as … considered an insolvency practitioner's guide. However, both texts contain elements of interest for academics and insolvency …

provide for a uniform standard of provisions relating to cross border insolvency. It also describes the concept of bankruptcy …, insofar as it applies to corporations, and traces the history of previous attempts made to standardise insolvency laws across …

This paper provides evidence on the value creation of bankruptcy procedures that belong to different legal systems … (French civil law, German civil law, and British common law). Using a sample of 900 hand-collected corporate bankruptcy files … bankruptcy codes are not equivalent in the way they manage and realize the debtor's assets and protect the various claimants …

, American bankruptcy law subsidizes these arrangements relative to other financing channels. By subsidizing them, the rules …, because the superpriorities in the Bankruptcy Code are available only for short-term financing arrangements, they thereby …

The regulation of corporations and their insolvency is in most jurisdictions based upon the separate entity principle ….There has been increasing concern though with how this fundamental principle of corporate law should apply in insolvency where … Corporations Act 2001(Cth). This single enactment provides for the regulation of corporate insolvency within Chapter 5 - External …

serious doubts about the capacity of that country's insolvency regime to deliver an outcome viewed as fair and consistent with …

resorting to a "phoenix syndrome” scheme might actually be arranging for a last-resort "home-made" bankruptcy proceeding, i ….e., the entrepreneur might be mimicking the role of a formal bankruptcy stay on unsecured creditors' collection efforts …, against the background of a cost prohibitive formal bankruptcy proceeding. Put simply, the "phoenix syndrome" scheme is …