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Full-Text Articles in Law
Who Tolls The Bells For Firms? Tales From Transition Economies, Katharina Pistor
Who Tolls The Bells For Firms? Tales From Transition Economies, Katharina Pistor
Faculty Scholarship
Bankruptcy law is regarded as an important mechanism for protecting creditor rights. Much of the current debate about bankruptcy law focuses exclusively on private creditors, ignoring the role of tax authorities as creditor in insolvent firms. Based on data from several transition economies, this essay documents the important, if not dominant, role tax authorities play as initiator of bankruptcy in these countries. While improved tax enforcement is crucial for tackling the problem of tax arrears and hardening the "soft budget-constraint" in former socialist countries, this essay suggests that the presence of the tax authorities as creditor may also affect the …
How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter
How The Old World Encountered The New One: Regulatory Competition And Cooperation In European Corporate And Bankruptcy Law , Luca Enriques, Martin Gelter
Faculty Scholarship
The European framework for creditor protection has undergone a remarkable tansfomation in recent years. While the European Court of Justices Centros case and its progeny have given European Union businesses choice with respect to the state of incorporation, and hence to the substantive corporate law regime, the European Insolvency Regulation has introduced uniform conflict-of-law rules for insolvencies. However, this regime has opened up some forum shopping opportunities for corporate debtors. Both regulatory competition in corporate law and forum shopping in bankruptcy law have been discussed in the United States for years, while they are relativey new territory in the European …
(Part 1) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman
Faculty Scholarship
No abstract provided.
(Part 2) Chapter 7 Cases: Do Erisa And The Bankruptcy Code Conflict As To Whether A Debtor's Interest In Or Rights Under A Qualified Plan Can Be Used To Pay Claims, Donna Litman
Faculty Scholarship
No abstract provided.