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The Economics of Bank Bankruptcy Law

The Economics of Bank Bankruptcy Law
Author: Matej Marinč
Publisher: Springer Science & Business Media
Total Pages: 170
Release: 2011-09-18
Genre: Business & Economics
ISBN: 3642218075

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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.


Resolution of Financial Distress

Resolution of Financial Distress
Author: Stijn Claessens
Publisher: World Bank Publications
Total Pages: 428
Release: 2001-01-01
Genre: Law
ISBN: 9780821349069

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The understanding of the economic and legal structure of the institutions of bankruptcy has increased considerably over the past decade. This publication describes the state of current knowledge. Containing both theoretical studies and evidence from recent case studies, it shows the possibilities and methods of legal reform and the pitfalls of misguided political action.


Corporate Bankruptcy

Corporate Bankruptcy
Author: Jagdeep S. Bhandari
Publisher: Cambridge University Press
Total Pages: 584
Release: 1996-03-29
Genre: Business & Economics
ISBN: 9780521457170

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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

Research Handbook on Corporate Bankruptcy Law
Author: Barry E. Adler
Publisher: Edward Elgar Publishing
Total Pages: 456
Release: 2020-06-26
Genre: Law
ISBN: 1781007888

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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.


Bankruptcy Around the World

Bankruptcy Around the World
Author: Stijn Claessens
Publisher: World Bank Publications
Total Pages: 40
Release: 2002
Genre: Bankruptcy
ISBN:

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Global Insolvency and Bankruptcy Practice for Sustainable Economic Development

Global Insolvency and Bankruptcy Practice for Sustainable Economic Development
Author: Dubai Economic Council
Publisher: Springer
Total Pages: 287
Release: 2016-04-29
Genre: Business & Economics
ISBN: 1137515759

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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. ?


Bank Insolvency Law in Developing Economies

Bank Insolvency Law in Developing Economies
Author: Kayode Akintola
Publisher: Taylor & Francis
Total Pages: 169
Release: 2022-12-30
Genre: Law
ISBN: 1000823636

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The subject of bank stability has been under a great amount of political and legislative scrutiny since the mid-2007 to late-2009 global financial crisis. However, these efforts have centred on developed economies. Little coverage is given to strategies adopted by many developing economies. While there is a global discourse on the subject of insolvency generally, there is ample scope to contribute to the growing body of work on the narrow subject of bank insolvencies. This book provides a unique perspective on an emerging theme in at least two respects. First is the focus on selected developing economies and selected developed economies in the EMEA region alongside cross-border developments, with the objective of deciphering the regulatory approach to bank insolvencies. The second is the analytical consideration of methods that may be implemented to preclude or resolve bank insolvencies in developing economies. This book explores the nexus between developing economies and their banking institutions. Developing economies are acutely dependent on their banks for the functioning of their cash-based economies. Recent events, however, suggest a weakness in the long-term viability of some of their banks and a mixed-bag regulatory approach to redress this weakness. This book evaluates the effectiveness of regulatory frameworks in selected developing economies that are designed to prevent or resolve the insolvency of banks. At a time of global economic uncertainty, this book will prove to be a valuable resource to the discourse on the viability of banks, businesses, and economies in developing States.


Global Insolvency and Bankruptcy Practice for Sustainable Economic Development

Global Insolvency and Bankruptcy Practice for Sustainable Economic Development
Author: Dubai Economic Council
Publisher: Springer
Total Pages: 285
Release: 2016-04-29
Genre: Business & Economics
ISBN: 1137561750

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This book is a comparative study of international practices in bankruptcy law, providing perspectives from a variety of specialisms including practitioners, lawyers, bankers, accountants and judges from the United Arab Emirates, the UK and Singapore.


Bankruptcy

Bankruptcy
Author: Joseph Spooner
Publisher: Cambridge University Press
Total Pages: 309
Release: 2019-04-11
Genre: Business & Economics
ISBN: 1107166942

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Excessive household debt has allowed for economic growth, but this model has become increasingly unstable. Spooner examines bankruptcy law as a potential solution.