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Bankruptcy Law

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Campbell University School of Law

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Differential Treatment Among Creditors Under India's Insolvency And Bankruptcy Code, 2016: Issues And Solutions, C. Scott Pryor, Risham Garg Jan 2020

Differential Treatment Among Creditors Under India's Insolvency And Bankruptcy Code, 2016: Issues And Solutions, C. Scott Pryor, Risham Garg

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This paper represents the results of an examination of the implementation of India's Insolvency and Bankruptcy Code, 2016 (IBC). This project included purposive sampling as well as interviews with resolution professionals, representatives of India's Insolvency Professional Agencies, and officials of the Insolvency and Bankruptcy Board of India. Analysis of this data identified three problems: 1. Vesting near-plenary control of the Corporate Resolution Insolvency Process (CIRP) with a Committee of Creditors made up of financial creditors has led to a perception of inequitable distributions between the classes of creditors. 2. The CIRP provisions of the IBC are inconsistent with public policy …


Nine Into Eleven: Accounting For Common Interest Communities In Bankruptcy, C. Scott Pryor Jan 2017

Nine Into Eleven: Accounting For Common Interest Communities In Bankruptcy, C. Scott Pryor

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Ever more Americans live in a common interest community such as a homeowners’ association or condominium. Common interest communities restrict the uses owners may make of their property but provide benefits to the owners. The community association pays for these benefits by levying assessments on the owners’ property. Common interest communities offer a wide variety of benefits that can be divided into two sorts: public and private. Local municipalities typically provide public benefits at taxpayer expense; private entities usually afford private benefits at the consumer’s expense.

Like both public and private entities, common interest communities can experience the problem of …


Municipal Bankruptcy: When Doing Less Is Best, C. Scott Pryor Jan 2014

Municipal Bankruptcy: When Doing Less Is Best, C. Scott Pryor

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No abstract provided.