AdamsSafe Harbors - Digital Access to Scholarship at Harvard
... financial crisis and the Lehman bankruptcy, some scholars have suggested that exempting these financial contracts from bankruptcy may have exacerbated other kinds of systemic risk and contributed to the decision to bail out systemically important financial institutions (SIFIs) instead of allowing th ...
... financial crisis and the Lehman bankruptcy, some scholars have suggested that exempting these financial contracts from bankruptcy may have exacerbated other kinds of systemic risk and contributed to the decision to bail out systemically important financial institutions (SIFIs) instead of allowing th ...
Contagion and competitive intra-industry effects of
... firms with highly similar cash flow characteristics than for other firms. The bankruptcy announcement, in addition to conveying negative information, can decrease the market value of competitors by affecting their dealings with customers, regulators, and suppliers. For instance, customers with limit ...
... firms with highly similar cash flow characteristics than for other firms. The bankruptcy announcement, in addition to conveying negative information, can decrease the market value of competitors by affecting their dealings with customers, regulators, and suppliers. For instance, customers with limit ...
The Personal Liabilities of Insolvency Practitioners under Insolvency
... bankrupt estates under the BIA. The trustees are required to be licensed by the Superintendent of Bankruptcy22 and are subject to the Superintendent’s ongoing supervision and control. Importantly, trustee licences may also be issued to corporations23 ; as of November 1, 2005, there were 1057 individ ...
... bankrupt estates under the BIA. The trustees are required to be licensed by the Superintendent of Bankruptcy22 and are subject to the Superintendent’s ongoing supervision and control. Importantly, trustee licences may also be issued to corporations23 ; as of November 1, 2005, there were 1057 individ ...
insolvent trading
... A safe harbour from insolvent trading laws that applies to informal work-outs could assist directors (concerned about personal liability for insolvent trading) to avoid placing their companies into external administration, when a corporate rescue could be more appropriately achieved through an infor ...
... A safe harbour from insolvent trading laws that applies to informal work-outs could assist directors (concerned about personal liability for insolvent trading) to avoid placing their companies into external administration, when a corporate rescue could be more appropriately achieved through an infor ...
PDF - Herbert Smith Freehills
... Australian restructuring professionals and other industry participants have been calling for reform in this area for some time. The ability of counterparties to terminate key contracts following the occurrence of an insolvency event is generally recognised as one of the most significant impediments ...
... Australian restructuring professionals and other industry participants have been calling for reform in this area for some time. The ability of counterparties to terminate key contracts following the occurrence of an insolvency event is generally recognised as one of the most significant impediments ...
Corporate Financial Distress and Bankruptcy
... The role of high leverage in corporate restructuring and the popularity of junk bonds have been important aspects of the corporate finance scene in the 1980s. The interest in the prediction of corporate bankruptcy is increasing due to the implication associated with this phenomenon for investors, cr ...
... The role of high leverage in corporate restructuring and the popularity of junk bonds have been important aspects of the corporate finance scene in the 1980s. The interest in the prediction of corporate bankruptcy is increasing due to the implication associated with this phenomenon for investors, cr ...
Key criteria for assessing insolvency laws
... venture capital investment observed across different countries. The way in which this claim is developed is perhaps counter-intuitive. At first blush, we might point to the ubiquitous availability of limited liability through incorporation, and think that personal insolvency law would be a relativel ...
... venture capital investment observed across different countries. The way in which this claim is developed is perhaps counter-intuitive. At first blush, we might point to the ubiquitous availability of limited liability through incorporation, and think that personal insolvency law would be a relativel ...
Study Guide for all 4 chapters
... Some people believe that credit cards are evil—that they lead to overspending, to debt problems, and to moral decline. But credit cards can also mean the difference between having a good vacation and staying at home. Consider the following: 1. In order to rent a car, you will need a credit card. The ...
... Some people believe that credit cards are evil—that they lead to overspending, to debt problems, and to moral decline. But credit cards can also mean the difference between having a good vacation and staying at home. Consider the following: 1. In order to rent a car, you will need a credit card. The ...
Predicting The Financial Failure Of Retail Companies In The United
... a company, and he suggests that it would be very difficult for a model to distinguish between companies that will go bankrupt and companies that are just in financial distress. Because this study specifically looks at companies in the retail industry, a paper by Riordan (1998) is particularly releva ...
... a company, and he suggests that it would be very difficult for a model to distinguish between companies that will go bankrupt and companies that are just in financial distress. Because this study specifically looks at companies in the retail industry, a paper by Riordan (1998) is particularly releva ...
Proof of Claim - Cases
... United States Bankruptcy Court for the Southern District of New York Fill in this information to identify the case (Select only one Debtor per claim form): ...
... United States Bankruptcy Court for the Southern District of New York Fill in this information to identify the case (Select only one Debtor per claim form): ...
Bankruptcy Court Proof of Claim form
... Claim Pursuant to 11 U.S.C. § 503(b)(9): A claim arising from the value of any goods received by the Debtor within 20 days before the date of commencement of the above case, in which the goods have been sold to the Debtor in the ordinary course of the Debtor's business. Attach documentation supporti ...
... Claim Pursuant to 11 U.S.C. § 503(b)(9): A claim arising from the value of any goods received by the Debtor within 20 days before the date of commencement of the above case, in which the goods have been sold to the Debtor in the ordinary course of the Debtor's business. Attach documentation supporti ...
reorganizing with Value but Without Profit (or Equity)
... Priority Rule does not, by its terms, prohibit a debtor entity from retaining its own assets, and cannot, by its terms, apply to a situation such as this where the debtor has no equity security holders.”21 Indeed, even where the members of a nonprofit do obtain some personal economic benefit from th ...
... Priority Rule does not, by its terms, prohibit a debtor entity from retaining its own assets, and cannot, by its terms, apply to a situation such as this where the debtor has no equity security holders.”21 Indeed, even where the members of a nonprofit do obtain some personal economic benefit from th ...
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
... On December 6, 1993, the Registrant filed a voluntary petition for relief under the provisions of Chapter 11 of the United States Bankruptcy Code. This followed several months of internal restructuring, which among other things resulted in significant changes among the Registrant's executive officer ...
... On December 6, 1993, the Registrant filed a voluntary petition for relief under the provisions of Chapter 11 of the United States Bankruptcy Code. This followed several months of internal restructuring, which among other things resulted in significant changes among the Registrant's executive officer ...
Raising the bar
... Prime Clerk holds itself to a higher standard. Never before has a more experienced team of restructuring attorneys and consultants come together in this industry with the sole focus of providing the highest quality work and most practical solutions. As an independent organization focused solely on b ...
... Prime Clerk holds itself to a higher standard. Never before has a more experienced team of restructuring attorneys and consultants come together in this industry with the sole focus of providing the highest quality work and most practical solutions. As an independent organization focused solely on b ...
Bankruptcy and Firm Value
... The value of the cash and securities is typically less than the amount each creditor is owed, but more than the creditors would receive if the firm were shut down immediately and liquidated. ...
... The value of the cash and securities is typically less than the amount each creditor is owed, but more than the creditors would receive if the firm were shut down immediately and liquidated. ...
MODELS FOR THE ASSESSMENT OF THE ENTREPRISE
... consequently to bankruptcy risk. The presence of certain permanent difficulties in honouring its debts can lead to a reduction of the activity, dismissal of employees, organisational restructuring and, eventually, bankruptcy. Bankruptcy risk is related to the difficult state of the enterpri se, cons ...
... consequently to bankruptcy risk. The presence of certain permanent difficulties in honouring its debts can lead to a reduction of the activity, dismissal of employees, organisational restructuring and, eventually, bankruptcy. Bankruptcy risk is related to the difficult state of the enterpri se, cons ...
Header here - INSOL Europe
... •Think outside the (court) box. – Critical success factor: Catalyze out-of-court workouts. – Cultural and other stigmas prevent debtors from going into formal insolvency proceedings (which are public) until it is too late to save the company. Informal rules for negotiated workouts can provide an inc ...
... •Think outside the (court) box. – Critical success factor: Catalyze out-of-court workouts. – Cultural and other stigmas prevent debtors from going into formal insolvency proceedings (which are public) until it is too late to save the company. Informal rules for negotiated workouts can provide an inc ...
First Day Motions Press Release
... This press release contain forward-looking statements. These statements, including those relating to the intent, beliefs, plans or expectations of the Company are based upon current expectations and are subject to a number of risks, uncertainties and assumptions. It is not possible to predict or ide ...
... This press release contain forward-looking statements. These statements, including those relating to the intent, beliefs, plans or expectations of the Company are based upon current expectations and are subject to a number of risks, uncertainties and assumptions. It is not possible to predict or ide ...
50929 bytes - 10th Circuit Opinions
... type of risk with respect to the debtor’s insolvency than do investors. And not only are general creditors unable to share in the potential benefits flowing from company success, they rely on the equity cushion created by the investors’ capital contributions for payment. While Slain and Kripke focus ...
... type of risk with respect to the debtor’s insolvency than do investors. And not only are general creditors unable to share in the potential benefits flowing from company success, they rely on the equity cushion created by the investors’ capital contributions for payment. While Slain and Kripke focus ...
Breitburn Energy Partners LP (Form: 8
... Petitions ” and, the cases commenced thereby, the “ Chapter 11 Cases ”) under chapter 11 of the United States Bankruptcy Code (the “ Bankruptcy Code ”) in the United States Bankruptcy Court for the Southern District of New York (the “ Bankruptcy Court ”). The Debtors have filed a motion with the Ban ...
... Petitions ” and, the cases commenced thereby, the “ Chapter 11 Cases ”) under chapter 11 of the United States Bankruptcy Code (the “ Bankruptcy Code ”) in the United States Bankruptcy Court for the Southern District of New York (the “ Bankruptcy Court ”). The Debtors have filed a motion with the Ban ...
Ingredients for a Successful Cram Up Reorganization
... each time it borrowed funds, it was a default if any Holding Company was unable to pay its debts as they became due. The lenders claimed that when $250 million was drawn under the facility in November 2008, significant interest payments were due from the Holding Companies in the coming months and th ...
... each time it borrowed funds, it was a default if any Holding Company was unable to pay its debts as they became due. The lenders claimed that when $250 million was drawn under the facility in November 2008, significant interest payments were due from the Holding Companies in the coming months and th ...
23-31
... List the events and documents involved in the Chapter 11 plan confirmation process Describe the time limits relative to filing of a Chapter 11 plan, commonly known as the “exclusivity period” Understand the classification of claims within a Chapter 11 plan List the mandatory and permissive p ...
... List the events and documents involved in the Chapter 11 plan confirmation process Describe the time limits relative to filing of a Chapter 11 plan, commonly known as the “exclusivity period” Understand the classification of claims within a Chapter 11 plan List the mandatory and permissive p ...
shadow directors
... power by demonstrating that the debtor is insolvent in the cashflow sense (that is unable to pay debts as they fall due). In most jurisdictions, a consequence of transition to bankruptcy is removal of the board from effective control of corporate assets, and its replacement with, or supervision by ...
... power by demonstrating that the debtor is insolvent in the cashflow sense (that is unable to pay debts as they fall due). In most jurisdictions, a consequence of transition to bankruptcy is removal of the board from effective control of corporate assets, and its replacement with, or supervision by ...
Bankruptcy
Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.Bankruptcy is not the only legal status that an insolvent person or other entity may have, and the term bankruptcy is therefore not a synonym for insolvency. In some countries, including the United Kingdom, bankruptcy is limited to individuals, and other forms of insolvency proceedings (such as liquidation and administration) are applied to companies. In the United States, bankruptcy is applied more broadly to formal insolvency proceedings.