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In reaction to the fiscal difficulties experienced by state governments over the past three years, several politicians and academics proposed that Congress legislate a new chapter to the Bankruptcy Code under which the financial obligations of a state may be restructured. This essay is...
Persistent link: https://www.econbiz.de/10013113761
This paper examines centralization of fiscal policies during the financial and economic crisis, from 2007-2012. We use set logic and QCA methodology to trace out configurations of conditions to explain events of centralization of fiscal policymaking in five European and six non-European...
Persistent link: https://www.econbiz.de/10013005441
activities in a manner more consistent with the tenets of fiscal federalism …
Persistent link: https://www.econbiz.de/10013128065
Subnational insolvency is a reoccurring event in development, as demonstrated by historical and modern episodes of … subnational defaults in both developed and developing countries. Insolvency procedures become more important as countries … authors explain central features and variations of subnational insolvency mechanisms across countries.They identify judicial …
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to adjust the municipality's debts?These questions raise important federalism concerns that have frequently been analyzed … under what this article calls the Great Divide Model of municipal bankruptcy federalism. This model formalistically …. Debt and governance often go hand in hand, both in causing and resolving financial distress. The federalism questions in …
Persistent link: https://www.econbiz.de/10012997552
Bankruptcy law sometimes takes substantive rights as it finds them under nonbankruptcy law. Other important aspects of bankruptcy law compel the development of federal common law. Professor Vern Countryman wrote that the former Bankruptcy Act: "frequently incorporates...a state statute or rule...
Persistent link: https://www.econbiz.de/10013001263
This essay sketches the historical development of bankruptcy jurisdiction as a means of assessing the prevailing contemporary model of the outer limits of federal bankruptcy jurisdiction, as embodied primarily in the so-called Pacor test. This historical lens reveals an anomalous in rem slant...
Persistent link: https://www.econbiz.de/10013097917