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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
In explaining the concept of centre of main interests (COMI) within the UK Cross-Border Insolvency Regulations 2006 … (CBIR), the Englush court in Re Stanford International Bank over-emphasised third-party ascertainability due to an apparent … lack of appreciation of the different functions performed by the COMI concept under the CBIR and the EC Insolvency …
Persistent link: https://www.econbiz.de/10013155207
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
insolvency transaction avoidance and proposes the path forward. The proposals seek to reorient the jurisprudence on …
Persistent link: https://www.econbiz.de/10014216751
This Article summarizes the legislative history, notable provisions, and current status of the Cybersecurity Information Sharing Act (S. 754), the Protecting Cyber Networks Act (H.R. 1560), the Executive Order 13636, and the Cybersecurity Act of 2015. The Article ended with four ethical...
Persistent link: https://www.econbiz.de/10012855939
The ad hoc institutional configurations that facilitated the resolution of sovereign insolvency for over thirty years …
Persistent link: https://www.econbiz.de/10012964768
In this paper we document and examine unusual fluctuations in the G-Fund, which is one of five funds available in a voluntary federal government employee retirement savings vehicle called the Thrift Savings Plan. The G-Fund is managed as "internally" held debt by the United States Department of...
Persistent link: https://www.econbiz.de/10012514922
Using a novel data set that covers individual debt claims against 136 bankrupt US companies and includes information on a subset of claims transfers, we provide new empirical insight regarding how a firm's debt ownership relates to bankruptcy outcomes. Firms with higher debt concentration at the...
Persistent link: https://www.econbiz.de/10012976638
coordinate with each other and their ownership of subordinated claims, bondholders incur higher default costs than bank lenders …
Persistent link: https://www.econbiz.de/10012971660
traveled farther to find more lenient insolvency professionals who, historically, approved more potentially fraudulent filings …
Persistent link: https://www.econbiz.de/10014236487