The Economics Of Bank Bankruptcy Law
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The Economics Of Bank Bankruptcy Law
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Author : Matej Marinč
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-18
The Economics Of Bank Bankruptcy Law written by Matej Marinč and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-18 with Business & Economics categories.
This book shows that a special bank bankruptcy regime is desirable for the efficient restructuring and/or liquidation of distressed banks. It explores in detail both the principal features of corporate bankruptcy law and the specific characteristics of banks including the importance of public confidence, negative externalities of bank failures, fragmented regulatory framework, bank opaqueness, and the related asset-substitution problem and liquidity provision. These features distinguish banks from other corporations and are largely neglected in corporate bankruptcy law. The authors, an assistant professor for money and finance and a research economist at the Dutch Central Bank, propose changes in both prudential regulation and reorganization policies that should allow regulators and banking authorities to better mitigate disruptions in the financial system and minimize the social costs of bank failures. Their recommendations are complemented by a discussion of bank failures from the 2007–2009 financial crisis.
Corporate Bankruptcy
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Author : Jagdeep S. Bhandari
language : en
Publisher: Cambridge University Press
Release Date : 1996-03-29
Corporate Bankruptcy written by Jagdeep S. Bhandari and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-03-29 with Business & Economics categories.
This collection is the first comprehensive selection of readings focusing on corporate bankruptcy. Its main purpose is to explore the nature and efficiency of corporate reorganization using interdisciplinary approaches drawn from law, economics, business, and finance. Substantive areas covered include the role of credit, creditors' implicit bargains, nonbargaining features of bankruptcy, workouts of agreements, alternatives to bankruptcy, and proceedings in countries including the United States, United Kingdom, Europe, and Japan. The Honorable Richard A. Posner, Chief Judge of the U.S. Court of Appeals for the Seventh Circuit, offers a foreword to the collection.
Research Handbook On Corporate Bankruptcy Law
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Author : Barry E. Adler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-06-26
Research Handbook On Corporate Bankruptcy Law written by Barry E. Adler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-26 with Law categories.
In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.
Global Insolvency And Bankruptcy Practice For Sustainable Economic Development
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Author : Dubai Economic Council
language : en
Publisher: Springer
Release Date : 2016-04-29
Global Insolvency And Bankruptcy Practice For Sustainable Economic Development written by Dubai Economic Council and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-29 with Business & Economics categories.
How an economy handles financial and business distress has a major impact on confidence in business, the availability of investment, the cost of credit, and economic growth. The financial crisis of 2007-2008 and its aftermath was a catalyst to legal reform in the field of bankruptcy and restructuring law and brought an added focus to the systemic threat of bank failure to the financial system. This book explores the general principles and practice of legal reform within bankruptcy. From a variety of specialists including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore, it provides a variety of perspectives on the topic. Chapters include topics such as the 'Four Pillars of Regulatory Framework', the history and application of the UNCITRAL Model Law on Cross-Border Insolvency, the challenges for financial institutions and the treatment of the insolvency of natural persons. The book also offers a comparative study of Islamic Shari'ah principles with modern bankruptcy regimes, an analysis of bankruptcy in the UAE and an evaluation of the legal infrastructure of the DIFC Courts. The authors explore core questions surrounding bankruptcy law, including its ability to facilitate the turnaround of business, to enable efficient reallocation of capital, to provide coherent rules for entrepreneurs, investors, employees, and creditors, and to provide for both appropriate sanctions and for rehabilitation. ?
Bankruptcy
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Author : Joseph Spooner
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-11
Bankruptcy written by Joseph Spooner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-11 with Business & Economics categories.
Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.
A Debtor World
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Author : Ralph Brubaker
language : en
Publisher: Oxford University Press
Release Date : 2012-09-25
A Debtor World written by Ralph Brubaker and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-25 with Law categories.
A Debtor World contains a collection of contributions about the societal implications of private debt. The essays comprising this volume are authored by dozens of leading U.S. and international academics who have written about debt or issues related to debt in a wide range of disciplines including law, sociology, psychology, history, economics, and more. The goal of this collection is to explore debt neither as a problem nor a solution but as a phenomenon and to promote the exchange of knowledge to better comprehend why consumers and businesses decide to borrow money. It asks what happens to businesses and consumers under a heavy debt load, and what legal norms and institutions societies need to encourage the efficient use of debt while promoting a greater understanding of the global phenomenon of increased indebtedness and societal dependence.
Covenants And Third Party Creditors
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Author : Daniela Matri
language : en
Publisher: Springer
Release Date : 2017-10-17
Covenants And Third Party Creditors written by Daniela Matri and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-17 with Law categories.
This book adds to the debate on the effects of covenants on third-party creditors (externalities), which have recently become a focus of discussion in the contexts of bankruptcy law, corporate law and corporate governance. The general thrust of the debate is that negative effects on third-party creditors predominate because banks act in their own self-interest. After systematising the debated potential positive and negative externalities of covenants, the book empirically examines these externalities: It investigates the banks’ factual conduct and its effects on third-party creditors in Germany and the US. The study’s most significant outcome is that it disproves the assumption that banks disregard third-party creditors’ interests. These findings are then interpreted with the tools of economic analysis; particularly, with the concept of common pool resources (CPRs). Around the aggregated value of the debtor company’s asset pool (as CPR) exists an n-person prisoner’s dilemma between banks and third-party creditors: No creditor knows when and under what conditions the other creditor will appropriate funds from the debtor company’s asset pool. This coordination problem is traditionally addressed by means of bankruptcy law and collaterals. However, the incentive structure that surrounds the bilateral private governance system created by covenants and an event of default clause (a CPR private governance system) is found to also be capable of tackling this problem. Moreover, the interaction between the different regulation spheres – bankruptcy law, collateral and the CPR private governance system − has important implications for both the aforementioned discussions as well as the legal treatment of covenants and event of default clauses. Covenants alone cannot be seen as an alternative to institutional regulation; the complete CPR private governance system and its interaction with institutional regulation must also be taken into consideration. In addition, their function must first find more acceptance and respect in the legal treatment of covenants and event of default clauses: The CPR private governance system fills a gap in the regulation of the tragedy of the commons by bankruptcy law and collateral. This has particularly important implications for the German § 138 BGB, § 826 BGB and ad hoc duties to disclose insider information.
The History Of Bankruptcy
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Author : Thomas Max Safley
language : en
Publisher: Routledge
Release Date : 2013-01-17
The History Of Bankruptcy written by Thomas Max Safley and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-17 with Business & Economics categories.
This volume takes up bankruptcy in early modern Europe, when its frequency made it not only an economic problem but a personal tragedy and a social evil. Using legal, business and personal records, the essays in this volume examine the impact of failure on business organizations and practices, capital formation and circulation, economic institutions and ethics, and human networks and relations in the so-called "transition" to modern society, from the early-sixteenth to the early-nineteenth century. One group of essays concentrates on the German-speaking world and shows a common concern for the microeconomics of bankruptcy, that is, for such issues as the structure of the firm, the nature of its capital, and the practices of its partners, especially their assessment of risk. Another group of essays shifts the focus from Central to Western and Northern Europe and away from the microeconomics of the early modern firm to an institutional consideration of bankruptcy. The final group of essays turns to Southern Europe, especially the Mediterranean basin, to assess bankruptcy not as an unfortunate result of crisis, but as an intentional response to crisis. All of the contributions are the result of original research; many of the scholars publish in English for the first time. All of the chapters are founded on close archival research, offering insights not only into business organization and practice but also into social and cultural aspects of economic life from the late sixteenth to the early nineteenth century.
Bank Failures And Bank Insolvency Law In Economies In Transition
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Author : Rosa Lastra
language : en
Publisher: Springer
Release Date : 1999-04-26
Bank Failures And Bank Insolvency Law In Economies In Transition written by Rosa Lastra and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-04-26 with Law categories.
This book explores the legal issues inherent in resolving troubled banking sectors in transitional economies. Bank failures are a recurrent phenomenon in both developed and developing countries, as shown by the crises in the last ten years in the USA, Japan, Scandinavian countries, the Baltic countries, Bulgaria, South East Asia and Latin America. Banks in transitional economies face additional challenges as they become intermediaries in lending the public's savings, rather than mere conduits for the central financing plan. They have to ensure repayment of loans when they no longer receive subsidies to compensate their losses to the same degree as before. As a result of these challenges, almost all these countries have suffered numerous bank failures in the past eight years, with negative consequences for bank owners, managers, depositors and other creditors. The absence, in many situations, of appropriate crisis management procedures and bank insolvency laws hinders the success or pace of the transition process. This book is the result of a research seminar organised by the Centre for Commercial Law Studies, Queen Mary and Westfield College, University of London, and the Office of the General Counsel of the European Bank for Reconstruction and Development (EBRD). The authors include distinguished US and European professors of banking law, government policymakers, prominent lawyers and economists from the European Union, the EBRD and the International Monetary Fund, and senior industry executives from law firms and financial institutions.
Insolvency Law Reforms In Asian Developing Countries
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Author : Yuka Kaneko
language : en
Publisher: Springer Nature
Release Date : 2022-01-16
Insolvency Law Reforms In Asian Developing Countries written by Yuka Kaneko and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-16 with Law categories.
This book examines the outcomes of the economic law reforms in Asian developing countries, guided by the leading international development financiers such as the World Bank and the Asian Development Bank. Included is a particular focus on the recent “insolvency law” reforms in the Asian emerging economies, such as Vietnam, Laos, and Myanmar. Such legal reforms are the results of the “transplant” of the model law provided by these donor agencies, a law that was created in the post-Asian Currency Crisis in the 1990s. This book therefore examines the outcomes of three decades of donor-guided legal reforms. Appropriately, it applies not only the static approach to the legal texts but also an empirical methodology through interview surveys of the corporate and financial sectors. Following the introduction in Chapter I, Chapter II reviews the basic theories and presents the methodological framework. Chapter III then analyzes the contents of insolvency law reforms in the major target countries, namely, Vietnam, Laos, and Myanmar. Chapter IV provides a closer investigation into the design choices of Myanmar’s 2020 Insolvency Law as a typical example of the law reform involving the inter-donor conflict of law models between the Asian Development Bank and Japan’s official development assistance project. Lastly, Chapter V applies an empirical approach to the functioning of insolvency law, through international collaboration for interview surveys with small and medium-sized enterprises (SMEs) and their financiers.