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The current majority rule for handling the discharge of tax debt related to a tardily filed tax return is severely distorted and antithetical to sound bankruptcy and taxation policy. For years, it was established law that bankruptcy could discharge stale tax debts. Indeed, the Bankruptcy Code...
Persistent link: https://www.econbiz.de/10012903140
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
For more than two decades, a debate has raged over what to make of vindicatory contempts, a class of ostensibly civil contempt orders intended to punish a debtor for his or her defiance of prior judicial orders issued pre-petition by a state court. Because § 362(a)(1) applies to all judicial...
Persistent link: https://www.econbiz.de/10012855948
Persistent link: https://www.econbiz.de/10014222277
establishment of an international body for administering transnational insolvency proceedings. It further addresses the UNCITRAL …
Persistent link: https://www.econbiz.de/10014057179
fictions. The main effect of GST on corporate insolvency, by contrast, concerns debt recovery. Positions of the Australian Tax …
Persistent link: https://www.econbiz.de/10014210249
selected as a dispute resolution option in China. In response to this growing demand, China has taken significant steps to … improve its arbitration system. Nevertheless, arbitration practice in China still displays many inconsistencies with … arbitration in China through (i) an overview of the Chinese arbitration system, (ii) a description of the peculiarities of Chinese …
Persistent link: https://www.econbiz.de/10013037618
China has in the last decade and especially since its entry into the WTO made considerable efforts to improve its … important part of this reform is the development of international arbitration practice in China. Although stories about corrupt … cannot blame your opponent for using the rules to win. The same is true for arbitration in China. This paper offers some …
Persistent link: https://www.econbiz.de/10014177286
favourable personal insolvency law - within the EU and with particular reference to England and Wales. After outlining the … structural features of the European legal framework that make forum shopping for personal insolvency law possible, including the … EC Regulation on Insolvency Proceedings, and explaining why England and Wales in particular has proved to be an …
Persistent link: https://www.econbiz.de/10013115988
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