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The author, through the present paper, aims at providing a brief comparative overview of the legal mechanisms most used by commercial entities as remedies for acute financial problems or preventing such a financial state – the judicial reorganization procedure, the bankruptcy procedure, the...
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them to the current economic situation. Also Spain did this some years ago. The New Spanish Bankruptcy Act of 2003 includes … some rules on International Bankruptcy. These rules are directly linked to the EU Regulation on cross-border insolvency and …
Persistent link: https://www.econbiz.de/10012905798
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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
before the judgment is satisfied. A constructive trust in insolvency is analogous to a security interest: it allows the … defendant's insolvency is unsettled and there is confusion in both the case law and the literature as to the doctrinal basis of …, whether the plaintiff voluntarily accepted the risk of the defendant's insolvency. But, while popular in restitution circles …
Persistent link: https://www.econbiz.de/10012997484
In this essay, we demonstrate that most ethics violations (at least the ones that irritate bankruptcy judges) are also violations of simple rules of behavior that people should have learned in kindergarten
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insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on …
Persistent link: https://www.econbiz.de/10014216751
Recent credit difficulties have revealed the potential inadequacies of UK insolvency regimes applicable to credit … institutions, prompting the UK regulatory authorities to consult on the possibility of insolvency reform. This article discusses … the recent credit crisis, considers the US bank insolvency regimes and reviews some of the proposals for reform of the UK …
Persistent link: https://www.econbiz.de/10014216752