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This paper is a follow up study commissioned by the UK Insolvency Practices Council which builds on our earlier study of complaints handling and disciplinary systems in the UK insolvency practitioner profession: see http://ssrn.com/abstract=1094757. For this study we compared the complaints...
Persistent link: https://www.econbiz.de/10014212390
bankruptcy judges to reduce mortgage principal for underwater homeowners through a policy of cramdown would have had only a small …Reforms made to the U.S. Bankruptcy Code in 2005 instituted a new means testing requirement that restricts the … mortgage and unsecured credit markets to assess the impact of this reform on the severity of the housing crisis during the …
Persistent link: https://www.econbiz.de/10013037228
fundamental to the legal system's effectiveness and to the rule of law. About a million people file bankruptcy every year, making … the consumer bankruptcy system the part of the federal court system with which people most often come into contact. Given … the importance of bankruptcy to American families and the credit economy, there should exist a rich literature theorizing …
Persistent link: https://www.econbiz.de/10012891744
not allow for the assets of a debtor to be sold without its creditors’ approval. The Insolvency and Bankruptcy Board of …
Persistent link: https://www.econbiz.de/10013219924
to the U.S. economy, and then consider the effect of alternative personal bankruptcy regimes. For reasonable parameter … values, a less lenient (higher post bankruptcy garnishment of income) bankruptcy law deters households with moderate … entrepreneurial ability from entering entrepreneurship, while variations in bankruptcy systems have negligible effects on higher …
Persistent link: https://www.econbiz.de/10013136476
Bankruptcy is a precise legal process defining the rules when debtor fails to repay their debts. These rules determine … willingness to lend and to borrow and thus can affect economic growth. In 1706, the English Parliament passed a bankruptcy statute … that provided potential rights for bankrupts and represents a fundamental change in the rules regarding bankruptcy. Where …
Persistent link: https://www.econbiz.de/10013022538
securitization. Elsewhere securitization has not developed. The US provided the underpinnings for its mortgage security … infrastructure with the creation of FNMA in 1938 and in order to create liquidity in the mortgage market required the standardization … of mortgage documentation and more fundamentally required that home mortgages within securities would be sufficiently …
Persistent link: https://www.econbiz.de/10013039288
When a company becomes subject to winding-up proceedings, it is widely thought to lose beneficial ownership of its property. The property is held, instead, on a 'statutory trust' to discharge the company's liabilities. The attribution of this 'proprietary' effect to the commencement of...
Persistent link: https://www.econbiz.de/10014219385
Two events are currently changing the landscape for business restructurings in the European Union: the “Restructuring Recommendation” (RR) of the European Commission, issued in 2014, and the 2015 recast of the European Insolvency Regulation (EIR). In this paper, we critically review the RR...
Persistent link: https://www.econbiz.de/10012936928
Persistent link: https://www.econbiz.de/10001193477