Corporate insolvency procedures in England: the uneasy case for liquidations
Sign Up to like & getrecommendations! Published in 2018 at "European Journal of Law and Economics"
DOI: 10.1007/s10657-018-9599-2
Abstract: Our paper investigates a comprehensive sample of 574 English corporate insolvency cases, including direct liquidation cases. In contrast to other insolvency procedures, liquidations perform poorly on average and fail to produce satisfactory repayments to creditors.… read more here.
Keywords: insolvency procedures; corporate insolvency; direct liquidation; insolvency ... See more keywords
Productive entrepreneurship and the effectiveness of insolvency legislation: a cross-country study
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DOI: 10.1007/s11187-018-0040-6
Abstract: This paper studies the association between the effectiveness of insolvency regulations and entrepreneurship using multilevel modeling of about 300,000 individuals in 27 countries over the 2005–2010 period. We investigate the relationship between three different measures… read more here.
Keywords: country; insolvency; effectiveness insolvency; insolvency regulations ... See more keywords
Contracting for a European Insolvency Regime
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DOI: 10.1007/s40804-017-0067-1
Abstract: The European Commission has proposed a Directive on ‘preventive restructuring frameworks’ for financially distressed firms. I demonstrate that the proposal is flawed because it creates a refuge for failing firms that should be liquidated, because… read more here.
Keywords: european insolvency; member states; proposal; insolvency ... See more keywords
Leaving the Shadows of US Bankruptcy Law: A Proposal to Divide the Realms of Insolvency and Restructuring Law
Sign Up to like & getrecommendations! Published in 2018 at "European Business Organization Law Review"
DOI: 10.1007/s40804-018-0113-7
Abstract: Insolvency law used to be a set of rules that govern the way a debtor is treated once he became insolvent and stopped trading. Certain mechanisms respond to this incident in order to safeguard a… read more here.
Keywords: insolvency restructuring; law; shadows bankruptcy; restructuring law ... See more keywords
The Rise and Fall of Regulatory Competition in Corporate Insolvency Law in the European Union
Sign Up to like & getrecommendations! Published in 2019 at "European Business Organization Law Review"
DOI: 10.1007/s40804-019-00160-0
Abstract: In this article, I discuss the rise and fall of regulatory competition in corporate insolvency law in the European Union. The rise is closely associated with the European Insolvency Regulation (EIR, 2002), and it is… read more here.
Keywords: law; insolvency; fall regulatory; rise fall ... See more keywords
Insolvency regimes and firms' default risk under economic uncertainty and shocks
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DOI: 10.1016/j.econmod.2020.06.005
Abstract: Abstract One of the arguments often advanced for implementing a stronger insolvency and bankruptcy framework is that it enhances credit discipline among firms. Using a large cross-country firm-level dataset, we empirically test whether a stronger… read more here.
Keywords: default risk; insolvency; economic uncertainty; firms default ... See more keywords
Ruin probabilities under capital constraints
Sign Up to like & getrecommendations! Published in 2019 at "Insurance: Mathematics and Economics"
DOI: 10.1016/j.insmatheco.2018.11.002
Abstract: Abstract In this paper, we generalise the classic compound Poisson risk model, by the introduction of ordered capital levels, to model the solvency of an insurance firm. A breach of the higher capital level, the… read more here.
Keywords: confidence level; insolvency; capital; level ... See more keywords
Beyond common equity: The influence of secondary capital on bank insolvency risk
Sign Up to like & getrecommendations! Published in 2020 at "Journal of Financial Stability"
DOI: 10.1016/j.jfs.2020.100732
Abstract: Banks must adhere to strict rules regarding the quantity of regulatory capital held but have some flexibility as to its composition. In this paper, we examine if bank insolvency (distance to default) is sensitive to… read more here.
Keywords: insolvency; insolvency risk; capital; bank insolvency ... See more keywords
Judicial diplomacy in the Asia-Pacific: theory and evidence from the Singapore-initiated transnational judicial insolvency network
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DOI: 10.1080/14735970.2019.1701174
Abstract: ABSTRACT The promulgation of the Judicial Insolvency Network (JIN) Guidelines by the Supreme Court of Singapore in 2017 has triggered innovative cross-border insolvency developments in the Asia-Pacific. It is intriguing that the Guidelines were conceived… read more here.
Keywords: asia pacific; network; judicial diplomacy; insolvency ... See more keywords
The recast of the Insolvency Regulation: a third country perspective
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DOI: 10.1080/17441048.2017.1345901
Abstract: During the recasting process of the EU Insolvency Regulation, issues relating to the relationship between the Regulation and the outer world were not debated. Indeed, the new Regulation (EU) 2015/848 maintains its territorial scope of… read more here.
Keywords: regulation third; third country; insolvency regulation; recast insolvency ... See more keywords
Insolvency judges meet strategic behaviour: A comparative empirical study
Sign Up to like & getrecommendations! Published in 2020 at "Maastricht Journal of European and Comparative Law"
DOI: 10.1177/1023263x20906669
Abstract: This article reports the results of a comparative empirical legal study that analyzed (1) strategic behaviour by actors in insolvencies that is salient to insolvency judges and (2) how insolvency judges respond to such behaviour.… read more here.
Keywords: insolvency judges; insolvency; comparative empirical; study ... See more keywords