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Full-Text Articles in Law
An Agency Cost Analysis Of The Wrongful Trading Provisions: Redistribution, Perverse Incentives, And The Creditors’ Bargain, Riz Mokal
Riz Mokal
This paper argues that the UK's wrongful trading provisions, enshrined in section 214 of the Insolvency Act 1986, are meant to ensure that hopelessly troubled companies enter the insolvency forum at the optimal time. This forum enables -- and forces -- those interested in the company's undertaking to forego aggressive and value-destroying individual action. Put differently, one of the functions of the collective insolvency regime is to minimise the co-ordination costs of the creditors of a firm threatened with insolvency. Section 214 is a tool enabling the regime to take over when these costs would be most acute. The existence …
Bankruptcy Reform And The Elderly: The Effect Of Means-Testing On Older Debtors, Robyn L. Meadows
Bankruptcy Reform And The Elderly: The Effect Of Means-Testing On Older Debtors, Robyn L. Meadows
Robyn L Meadows
No abstract provided.