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Journal articles on the topic 'Bankruptcy proceeding'

Author: Grafiati

Published: 4 June 2021

Last updated: 15 February 2022

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1

Veterníková, Mária, and Ján Mišura. "Bankruptcy Trustee in Insolvency Proceedings as an Entrepreneur and as a Subject of the Proceeding." Studia commercialia Bratislavensia 4, no. 13 (2011): 153–59. http://dx.doi.org/10.2478/v10151-011-0004-1.

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Bankruptcy Trustee in Insolvency Proceedings as an Entrepreneur and as a Subject of the Proceeding The article deals with the position and activities of bankruptcy trustee in bankruptcy proceeding, restructuring proceeding and in proceeding on debt relief. These proceedings are being called insolvency proceedings. The paper brings a closer look on conditions of trustee's activity and his/her activities in various types and stages of insolvency proceedings. The authors analyze the fact whether trustee's activity meets all attributes of enterprising.

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2

Čolović, Vladimir, and Siniša Aleksić. "Koordinacija stečajnih postupaka – sa posebnim osvrtom na transfer sredstava stečajne mase i stečaj povezanih društava / Coordination of Bankruptcy Proceedings - with special emphasis to the the transfer of bankruptcy assets and to bankruptcy of a members of group of companies." Годишњак факултета правних наука - АПЕИРОН 6, no. 6 (2016): 5. http://dx.doi.org/10.7251/gfp1606005c.

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The possibility to start against the debtor more bankruptcy proceeding, of which one is main bankruptcy, and the other are secondaries or specials, has led to the necessity of defining the rules governing coordination of these proceedings, in order to achieve the unity of the bankruptcy assets and to the equal settlement of creditors. Today, national laws and international statutory sources contain rules governing the coordination of bankruptcy proceedings. However, these rules have their basis in Private International Law. The author presents the rules of the EU Regulation No. 2015/848 of the

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3

Mojašević, Aleksandar, and Aleksandar Jovanović. "Reasonable time frame in bankruptcy proceedings: Analysis of cases from the judicial practice of the Commercial Court in Niš." Zbornik radova Pravnog fakulteta Nis 60, no. 90 (2021): 97–118. http://dx.doi.org/10.5937/zrpfn0-28624.

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The Act on the Protection of the Right to a Trial within a Reasonable Time, which took effect in 2016, has created the conditions in our legal system for the protection of the right to a trial within a reasonable time, as one of the fundamental rights guaranteed by the Constitution of the Republic of Serbia and related international documents. Although the legislator does not explicitly provide for the application of this Act in the context of bankruptcy proceedings, it has been used in judicial practice as a mean for the bankruptcy creditors to obtain just satisfaction in cases involving leng

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4

Smolík, Josef, and Alena Kajanová. "Scheming to defraud in an insolvency proceeding: a specific case of economic criminal acts." Studia Commercialia Bratislavensia 11, no. 39 (2018): 107–17. http://dx.doi.org/10.2478/stcb-2018-0008.

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Abstract The article presents the theoretical foundations of the criminal act of scheming to defraud in an insolvency proceeding. A criminal act according to the § 226 Act No. 40/2009 Coll. (Criminal Code) is often a part of organized crime. Crime is made easier by the difficult proceedings of solving the debtor’s bankruptcy in the Czech Republic. The article includes a case interpretation in which the judge committed a crime. She caused severe harm to several participants of the insolvency proceeding and secured that the debtor’s shareholder benefited.

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5

심인숙. "PRIORITY OF PUBLIC CLAIMS UNDER THE BANKRUPTCY PROCEEDING." CHUNG_ANG LAW REVIEW 9, no. 1 (2007): 315–46. http://dx.doi.org/10.21759/caulaw.2007.9.1.315.

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6

Robin J. Baik. "Substantive Consolidation in U.S. Bankruptcy Court - A case study of Lehman Brothers' bankruptcy proceeding." SungKyunKwan Law Review 24, no. 1 (2012): 445–67. http://dx.doi.org/10.17008/skklr.2012.24.1.016.

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7

Pasquariello, Federica. "PROTOCOLS AND OTHER VOLUNTARY COMMITMENTS WITHIN EUROPEAN TRANSNATIONAL INSOLVENCY REGULATION, EIR 848/2015." REVISTA LEX MERCATORIA Doctrina, Praxis, Jurisprudencia y Legislación, no. 11 (June 10, 2019): 97. http://dx.doi.org/10.21134/lex.v0i11.1659.

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In response to cross-border insolvencies, conflicts of law and jurisdiction may arise and they cannot be resolved in a strictly Territorial approach. In fact, in an era of globalized and interconnected economies, an insolvency proceeding on a narrow national basis, which coexists with at least one other local proceeding may leadto unexpected outcomes. Actually, under Territorialism, each Country seizes the debtor’s assets which are located within its borders and conducts a separate bankruptcy proceeding to divide those assets among local creditors according to local law, while no proceeding af

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8

Kita, Jonasz. "Podstawowe zasady postępowań restrukturyzacyjnych." Opolskie Studia Administracyjno-Prawne 16, no. 2 (2019): 115–30. http://dx.doi.org/10.25167/osap.1182.

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The restructuring law in force in Poland for two years is still a young branch of law, mainly based on bankruptcy law, which is referred to by the judiciary and doctrine. However, despite the many similarities that combine somehow the two legal acts, i.e. the restructuring law and the bankruptcy law, one should point to some differences already existing at the foundation of these legal acts, i.e. the principles on which they were based. These principles constituted the basis for legislative work, as well as now constitute the main interpretation of the restructuring law. The main purpose of re

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9

Maslovskyi, Serhii. "AUTHORITY OF THE COURT OF FIRST INSTANCE IN BANKRUPTCY PROCEEDING." Entrepreneurship, Economy and Law 12 (2019): 108–12. http://dx.doi.org/10.32849/2663-5313/2019.12.20.

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10

Enochs, Craig R., James Pappenfus, Andrea Pincus, and Paul Turner. "Swap agreement safe harbors at risk in latest Lehman dispute." Journal of Investment Compliance 16, no. 2 (2015): 52–54. http://dx.doi.org/10.1108/joic-04-2015-0029.

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Purpose – This article addresses important policy issues raised in the latest Lehman dispute that directly impact the over the counter derivatives market and market participants, specifically in regards to the history and purpose of the Bankruptcy Code’s “safe harbor” provisions for swap agreements. Design/methodology/approach – By examining the background of, and arguments presented in, the ongoing adversary proceeding, Moore Macro Fund, LP v. Lehman Brothers Holdings Inc., and the related bankruptcy case, in re Lehman Brothers Holdings Inc. the authors offer their interpretations of the scop

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11

Kapoyos, Nelson. "KONSEP PEMBUKTIAN SEDERHANA DALAM PERKARA KEPAILITAN." Jurnal Yudisial 10, no. 3 (2017): 331. http://dx.doi.org/10.29123/jy.v10i3.264.

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ABSTRAKPenelitian ini mempermasalahkan pembuktian sederhana dalam proses kepailitan terkait kewajiban pemberitahuan adanya peralihan piutang (cessie) kepada debitur. Putusan Nomor 02/PDT.SUS.PAILIT/2014/PN.Niaga.Mks telah mengabulkan permohonan kreditur cessionaries yang dikuatkan oleh Putusan Nomor 19 K/PDT.SUSPAILIT/2015, namun pada upaya hukum peninjauan kembali majelis hakim justru mengabulkan permohonan peninjauan kembali dengan alasan pembuktian sederhana terhadap cessie belum diberitahukan kepada debitur secara resmi melalui juru sita pengadilan. Rumusan masalah penelitian ini ialah bag

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12

Steele, Stacey Leanne, and Jin Chun. "Some Suggestions from Japan for Reforming Australia’s Personal Bankruptcy Law." QUT Law Review 17, no. 1 (2017): 74. http://dx.doi.org/10.5204/qutlr.v17i1.711.

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This article examines Japan’s contemporary personal bankruptcy law reform experience in light of Australia’s proposed reforms to the Bankruptcy Act 1966 (Cth). Japan’s personal insolvency legislation was substantially revised at the turn of the 21st century and a new proceeding for individual rehabilitation introduced. These innovations built on practical and procedural solutions pioneered in the courts especially in the late 1990s as the number of personal bankruptcies increased after the bursting of the bubble economy. The article shows that by comparison with Japanese approaches to discharg

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13

BALLAM, DEBORAH A. "THE "GOOD FAITH" REQUIREMENT FOR CONFIRMATION OF A CHAPTER 13 BANKRUPTCY PROCEEDING." American Business Law Journal 25, no. 4 (1987): 603–16. http://dx.doi.org/10.1111/j.1744-1714.1987.tb01499.x.

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14

Foran, Frank R., and Terrence M. Warner. "Reorganizing the Insolvent Oil and Gas Corporation: The Courts and Fairness." Alberta Law Review 28, no. 1 (1990): 132. http://dx.doi.org/10.29173/alr705.

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The authors discuss how, once all the concerned parties have concluded an agreement, a financially troubled organization can be reorganized. Aside from proceeding under Part III of the Bankruptcy Act or under the Companies' Creditors Arrangement Act, the authors note that such a reorganization can be, and has been, effected under the Business Corporations Act The authors discuss the details of the CBCA reorganization, and explain how courts have given great latitude to insolvent corporations, to allow them to reorganize.

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15

Čolović, Vladimir. "Restructuring of the Debtor // Restrukturiranje dužnika." Годишњак факултета правних наука - АПЕИРОН 8, no. 8 (2018): 5. http://dx.doi.org/10.7251/gfp1808005c.

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Restructuring can be defined as a set of measures that are applied in an economic entity (company or entrepreneur) that has fallen into financial difficulties. These measures do not apply only to the field of finance, but also to the entire business of the company or entrepreneur. We distinguish financial and operational restructuring, which are the two most common forms of this institute. Financial restructuring refers to redefining the relationship between company as a debtor and a creditors. On the other hand, operational restructuring involves optimizing the production process, increasing

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16

Geronimo, Russell Stanley Q. "The Interface Between the Securitization Act of 2004 and the Financial Rehabilitation and Insolvency Act of 2010." Journal of Legal Studies 22, no. 36 (2018): 1–14. http://dx.doi.org/10.1515/jles-2018-0009.

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Abstract The interface between securitization law and insolvency law is the central legal concern in designing securitization transactions. The complex structure of these transactions under the Securitization Act of 2004 should be understood within a specific legal context: the possible bankruptcy, insolvency, or liquidation of the “originator” (i.e. the entity requiring securitization financing), which may jeopardize the claims of asset-backed security investors. It is a solution to the risk that security holders with claim to specific assets may end up being subordinated to the interest of p

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17

Eshina, K., and P. Shumov. "To the Issue About the Subjective Limits of the Judicial Acts Validity in Insolvency Proceeding (Bankruptcy)." Bulletin of Science and Practice 5, no. 6 (2019): 438–43. http://dx.doi.org/10.33619/2414-2948/43/59.

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18

Chertoroev, Dmitriy Aleksandrovich. "Issues of premeditated bankruptcy in enforcement proceedings." Current Issues of the State and Law, no. 11 (2019): 354–63. http://dx.doi.org/10.20310/2587-9340-2019-3-11-354-363.

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Bankruptcy is an effective legal mechanism that allows people to get out of difficult financial situations. This mechanism is designed to reduce the debt burden on persons who are somehow in a difficult situation. In the Russian Federation, currently, the bankruptcy mechanism application or, in other words, the financial insolvency of a person is possible in relation to both individuals and legal entities. There are many people who, if there are visible gaps in the law, try to take advantage of them for personal purposes. Legislation in the field of financial insolvency is no exception-there w

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19

Obradović, Ana, Vule Mizdraković, and Maja Obradović. "Liquidity and solvency of healthy and bankrupt entities: Do financial statements show any differences?" International Review, no. 3-4 (2020): 123–29. http://dx.doi.org/10.5937/intrev2003123o.

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The aim of this paper is reflected in the analysis of the connection between the financial operations presented in companies' financial statements and the fact whether bankruptcy proceedings have been initiated against the observed companies. Namely, the fundamental indicators of a company's business success, including liquidity and solvency, are of immense significance for all stakeholders, and can also be used to predict the probability whether bankruptcy proceedings will be opened. Bankruptcy authorities make the decision to initiate bankruptcy proceedings, not solely on the basis of the re

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20

Adamus, Rafał. "Legally protected cultural goods and bankruptcy proceedings." Opolskie Studia Administracyjno-Prawne 18, no. 2 (2020): 9–26. http://dx.doi.org/10.25167/osap.2177.

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This paper deals with general problems of legal aims of bankruptcy proceedings in connection with the aims of heritage protection – issues built by completely different systems of values. Bankruptcy is designed for protecting pecuniary interest of a limited group of people, while cultural heritage is protected for present and future generations, despite its current commercial significance. In the global environment, bankruptcy of a cultural goods owner usually has a cross-border range but national bankruptcy legislations and laws devoted to heritage protection differ in very serious aspects. F

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21

Biriukov, Oleksandr. "Formation and development of concurs law in modern Ukraine." Ukrainian Journal of International Law 3 (September 30, 2020): 76–80. http://dx.doi.org/10.36952/uail.2020.3.76-80.

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This article is devoted to specific issues in the area of bankruptcy, particularly to terminological aspects of the proceedings in this type of cases, which are competitive by its nature. The word combination “Concurs Law” is not well known in modern Ukraine though is quite widely used in scholar literature. The author of the article argues that concurs (competition by its nature) of the creditors toward the assets of a person declared insolvent or bankrupt is the origin of the bankruptcy proceedings.

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22

Gilo Gómez, César. "La financiación postconcursal del deudor." Revista de Derecho de la UNED (RDUNED), no. 23 (March 14, 2019): 375. http://dx.doi.org/10.5944/rduned.23.2018.24025.

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El legislador español ha centrado sus esfuerzos en losúltimos años en desarrollar mecanismos que permitiesen evitar la declaraciónde concurso dotando a la Ley Concursal de fórmulas preventivasdirigidas a ese fin. Sin embargo, se ha despreocupado deotorgar al deudor las herramientas necesarias que le permitiesen salirde la situación de insolvencia una vez que el concurso ya es declarado.Y es que para remediar referida situación una vez que el deudorse encuentra inmerso en el procedimiento concursal, la entrada denueva financiación en el patrimonio del deudor insolvente se convierteen una cuesti

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23

Goldenberg Serrano, Juan L. "EL PROBLEMA TEMPORAL EN EL INICIO DE LOS PROCEDIMIENTOS CONCURSALES: The timing problem in the opening of a bankruptcy proceeding." Ius et Praxis 18, no. 1 (2012): 315–46. http://dx.doi.org/10.4067/s0718-00122012000100010.

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24

Sankaran, Vivek. "Rejection versus Termination: A Sublessee's Rights in a Lease Rejected in a Bankruptcy Proceeding under 11 U.S.C. Section 365(d)(4)." Michigan Law Review 99, no. 4 (2001): 853. http://dx.doi.org/10.2307/1290536.

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25

Pchelin, V. B. "The Current State of Normative and Legal Regulation of Bankruptcy Procedures in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (2020): 178–88. http://dx.doi.org/10.32631/v.2020.2.17.

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It has been emphasized that one of the means of overcoming the financial crisis is a properly functioning institution of bankruptcy. It has been found out that the efficiency of bankruptcy proceedings in Ukraine is low, due to the long duration of such a procedure and its high cost. The national legislation regulating bankruptcy procedures in Ukraine has been analyzed. Comparative and legal analysis of the Bankruptcy Procedure Code of Ukraine and other normative and legal acts regulating the scope of restoring the solvency of the debtor or his recognition as a bankrupt has been carried out. Th

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Baran, Michał, and Kinga Bauer. "The Role of Information in Assessing the Risk of Conducting Bankruptcy Proceedings." Risks 9, no. 4 (2021): 64. http://dx.doi.org/10.3390/risks9040064.

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Modern management means making managerial decisions in many situations—including the administrative ordering of matters of a bankrupt enterprise. The situation in which the court approves the opening of bankruptcy proceedings is strictly regulated by law. This does not mean, however, that such a decision is made under conditions of certainty as to its consequences. The risk of making a wrong decision has significant consequences for everyone who is interested in it (the bankrupt company, its partners, employees, banks, the tax office). The purpose of this article is to explain the importance a

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Gawron, Krzysztof, Alina Yakymchuk, and Olena Tyvonchuk. "The bankrupt entity’s assets valuation methods: Polish approach." Investment Management and Financial Innovations 16, no. 3 (2019): 319–31. http://dx.doi.org/10.21511/imfi.16(3).2019.28.

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The assets of a business entity that is subject to bankruptcy proceedings form bankruptcy estate. The correct assessment of its value is a necessary pre-condition to save time and cost effective bankruptcy proceedings. The article presents the valuation methods applied in Poland for assets consisting of real estate and movables that collectively constitute the bankruptcy estate. The main objective of this study is to assess the reliability and efficiency of the appraisals of book, market and forced sale value in relation to the possibility of correct estimation of funds obtained from the sale

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28

Segovia Vargas, Maria Jesus, and Mara del Mar Camacho Miñano. "Análisis de la viabilidad empresarial en el preconcurso de acreedores." Contaduría y Administración 63, no. 1 (2018): 1–17. http://dx.doi.org/10.22201/fca.24488410e.2018.1022.

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29

Дутка, В. В. "ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS." Juridical science, no. 1(103) (February 19, 2020): 259–64. http://dx.doi.org/10.32844/2222-5374-2020-103-1.31.

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The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but

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30

Garašić, Jasnica. "Najznačajnije novine stečajnog zakona iz 2015. godine." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 131–84. http://dx.doi.org/10.30925/zpfsr.38.1.5.

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This paper gives the analysis of the most important novelties that the new Bankruptcy Act of 2015 brought into Croatian bankruptcy law. The author points at many contradictory, imprecise and defective provisions of the new Bankruptcy Act, especially provisions regarding a pre-bankruptcy reason (ground), pre-bankruptcy proceedings, advance payment for the costs of bankruptcy proceedings, appointment of bankruptcy administrators (bankruptcy trustees), action to contest legal transactions of the debtor, liquidation of objects on which the right for separate satisfaction exists, bankruptcy plan, g

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31

Чегар, Бобана. "Нужност ефикаснијег вођења стечајног поступка у функцији опоравка привреде // The necessity of introducing a more efficient bankruptcy procedure as a function of economic recovery". ACTA ECONOMICA 12, № 20 (2014): 261. http://dx.doi.org/10.7251/ace1420261c.

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Резиме: Стечајни поступак је нешто с чим се сусрећу све привреде, али ефикасност његовог вођења није иста код свих. Ефикасност стечајног поступка може се мјерити узимајући у обзир три фактора: трајање, трошкове и исход. С обзиром да једно предузеће не може да послује са самим собом, финансијске неприлике у којем се нађе осјетиће се и код других предузећа. Зато је оправдано стечајни поступак посматрати у функцији опоравка привреде, јер се може завршити реорганизацијом, а не само банкротством (ликвидацијом).Рад је подијељен у три дијела. У првом дијелу укратко се даје теоријско објашњење стечајн

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32

Sova, O. Y., and Y. Y. Morozov. "Bankruptcy Prevention Strategies in the Context of Risk Management." PROBLEMS OF ECONOMY 1, no. 47 (2021): 91–97. http://dx.doi.org/10.32983/2222-0712-2021-1-91-97.

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The article aims at summarizing the existing risk management strategies helping to prevent bankruptcy and liquidation of enterprises, taking into account modern environmental challenges and the impact of the COVID-19 pandemic on the performance of business units. As a result of the study, tactical and strategic methods of risk management were identified. The components of the risk management process are identified in accordance with international standards. The main types of enterprise management strategies in crisis situations are described, highlighting the ERM approach, together with its ma

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Bauer, Kinga. "Accounting as a Source of Financial Information on Insolvency in Liquidation Proceedings." Central European Management Journal 28, no. 4 (2020): 2–29. http://dx.doi.org/10.7206/cemj.2658-0845.32.

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Purpose: The purpose of this paper was to indicate which information originating in accounting is important for ensuring the information transparency of bankruptcy proceedings. Methodology: Based on the literature review and the analysis of international legal acts, we determined priority types of information from accounting used in bankruptcy court proceedings. These types included information on the costs of insolvency proceedings, the assumption in the financial statements that there was no going concern, and the book value of assets. A survey was then conducted on a group of specialists in

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Serebryakova, Y. O. "Insolvency as a material and legal basis for initiating bankruptcy proceedings against business organizations." Legal horizons, no. 26 (2021): 47–51. http://dx.doi.org/10.21272/legalhorizons.2021.i26.p47.

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In this scientific article, the author discloses the definition of insolvency as a substantive legal basis for opening bankruptcy proceedings. It is emphasized that the grounds for initiating bankruptcy proceedings enshrined in the Bankruptcy Procedure Code are not consistent with the concept of insolvency of the debtor, which is enshrined in part one of Article 1 of this Code, as their combined application does not require establishing the debtor's ability to meet its monetary obligations. to creditors after the due date solely through the application of bankruptcy proceedings. It is establis

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Baklaeva, N. M. "Evaluation of the payability of Russian companies and practice of using their bankruptcy procedures." Proceedings of the Voronezh State University of Engineering Technologies 82, no. 2 (2020): 222–33. http://dx.doi.org/10.20914/2310-1202-2020-2-222-233.

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In modern business conditions, an increasing number of Russian companies have problems with solvency, as a result of which they are forced to go into bankruptcy proceedings. In such conditions, it seems important to develop the rehabilitation potential of business bankruptcy. The objectives of the work are to identify the reasons for the low solvency of Russian companies, as well as the rare use of bankruptcy rehabilitation procedures and their low effectiveness, which will allow us to identify new approaches to the development of the rehabilitation, including health, bankruptcy potential. In

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36

Jokubauskas, Remigijus. "The Administration and Realization of Estate in Corporate Bankruptcy Proceedings." Teisė 112 (September 23, 2019): 203–16. http://dx.doi.org/10.15388/teise.2019.112.11.

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This article analyzes estate administration and realization as well as the concept of estate in bankruptcy proceedings. It also analyzes which methods of estate realization are established in bankruptcy law, and which of them allow selling estate faster. The article evaluates how courts ensure the effective realization of estate in bankruptcy proceedings.

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Wu, Weijing. "Commencement of Bankruptcy Proceedings in China." Victoria University of Wellington Law Review 35, no. 2 (2004): 239. http://dx.doi.org/10.26686/vuwlr.v35i2.5648.

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Recent events and developments in China's economic reform have exposed the inadequacy of China's bankruptcy infrastructure. In this context, a new People's Republic of China (PRC) bankruptcy law has been proposed. This essay examines the problems in the most recent draft pertaining to the initiation of bankruptcy proceedings. In contrast with the bankruptcy laws of the United States and France, China's draft presents ambiguities and imperfections in the threshold requirement. Accordingly, further improvements have been proposed to facilitate the commencement of bankruptcy proceedings in the PR

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Jokubauskas, Remigijus. "Creditor’s Right to Information in Corporate Bankruptcy Proceedings." Teisė 113 (December 20, 2019): 108–22. http://dx.doi.org/10.15388/teise.2019.113.6.

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This article examines the practical problems deriving from the exercise of the creditor’s right to information regarding the course of corporate bankruptcy proceedings. The legal regulation of foreign states shows that creditors shall participate in bankruptcy proceedings actively. Namely, timely information about the corporate bankruptcy proceedings allows creditors to exercise other rights and impact the decision-making in this process. Disputes often arise regarding how creditors can use this right to information and what legitimate restrictions can be established for its implementation.

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Sheinfeld, David. "Bankruptcy & the Underwater Home: A Case for Real Property Redemption." Michigan Business & Entrepreneurial Law Review, no. 10.1 (2021): 85. http://dx.doi.org/10.36639/mbelr.10.1.bankruptcy.

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Chapter 7 of the U.S. Bankruptcy Code exists to satisfy the claims of creditors and preserve an economic “fresh start” for the debtor after bankruptcy. In exchange for surrendering her property to the trustee to have it monetized (i.e., sold), the debtor receives a discharge of her debts and an injunction against future creditor in personam actions to recover them. However, the in personam injunction is insufficient to protect consumer debtors who are in default on mortgages encumbering underwater homes because the creditor’s in rem rights remain; after the conclusion of the case, the creditor

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Попова, Светлана, Svetlana Popova, Ольга Зотикова, Olga Zotikova, Светлана Ливадина, and Svetlana Livadina. "Methods of diagnostics of fictitious and deliberate bankruptcy on the basis of financial statements." Services in Russia and abroad 8, no. 9 (2014): 56–64. http://dx.doi.org/10.12737/10796.

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In the current situation in the field of competition, globalization and integration of the world economy a modern organization must be highly competitive, financially stable, with high adaptation to changes in internal and external environment. Sharp fluctuations in external conditions, particularly complicating the process of management, may lead the company to bankruptcy. Bankruptcy can be related to numerous credit and financial relations, and is characterized by such a state of an organization in which it is impossible to pay obligations. In a situation where the cash amount of liabilities

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Boratyńska, Katarzyna. "Corporate bankruptcy and survival on the market: lessons from evolutionary economics." Oeconomia Copernicana 7, no. 1 (2016): 107. http://dx.doi.org/10.12775/oec.2016.008.

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The following paper is a theoretical and empirical study. The terminological differences between bankruptcy and insolvency have been indicated and compared in the article. Most frequently considered aspects of bankruptcy appear in definitions. The first of them emphasizes the economic character of bankruptcy. Insolvency is a culmination of a lack of financial means and the loss of solvency, which does not have a fading tendency, but develops into a permanent phenomenon. In legal terms, insolvency is an institution, whose purpose is to stop the accumulation of debts and most frequently it consi

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Dec, Pawel, and Piotr Masiukiewicz. "Models of Bankruptcy Procedures in European Union." Business and Management Horizons 3, no. 2 (2016): 46. http://dx.doi.org/10.5296/bmh.v4i2.10275.

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This paper focuses on the analysis of comparative models bankruptcy in selected EU countries and the evaluation of the effectiveness of the insolvency proceedings. These models are quite similar in the countries concerned; also they give the opportunity to the many variants of the bankruptcy procedure. The main thesis of the article is—so far developed and applied models of bankruptcy are still insufficient and need to be improved and reorientation to a greater extent, particularly concerning the taking into account of weak signals from the business environment. The authors analyzed the releva

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Vrhovšek, Vladimir, and Vladimir Kozar. "The right to offset the claims in accordance with the law on bankruptcy of the Republic of Serbia and in the region." Strani pravni zivot, no. 1 (2021): 119–38. http://dx.doi.org/10.5937/spz65-30574.

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This article discusses a concept of legally permitted and limited offsetting in bankruptcy according to the law of the Republic of Serbia, with comparison to earlier regulations where the offsetting occurred by the force of law, as the legal consequence of initiating bankruptcy proceedings. Legal provisions, legal practice, opinion of the jurisprudence on general and special terms about the right to offset the claims in bankruptcy in the Republic of Serbia, as well as in the countries in the region, have been presented. Relevant legal solutions from laws on bankruptcy of Montenegro, Republic o

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Petukhova, Irina. "Civil Law Aspects of Bankruptsy of Debtor’s Property." Legal Concept, no. 4 (December 2019): 119–25. http://dx.doi.org/10.15688/lc.jvolsu.2019.4.16.

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Introduction: the amount of satisfied creditors’ claims in completed debtor insolvency cases raises concerns and necessitates a change in the approaches used in bankruptcy proceedings. In this connection, the author aims to study the civil law problems relating to the disposal of the debtor’s property – a legal entity in bankruptcy. The research will use such general scientific methods of cognition as synthesis and analysis, as well as such specific scientific methods of cognition as systemic and formal legal ones. Results: analyzing the legal theories, law enforcement practice and the current

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Glukhova, O. Yu, and A. Yu Shevyakov. "BANKRUPTCY PROCEEDINGS IN THE PROCEDURE OF INSOLVENCY (BANKRUPTCY)." Social-Economic Phenomena and Processes 12, no. 2 (2017): 184–89. http://dx.doi.org/10.20310/1819-8813-2017-12-2-184-189.

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Shubhan, M. Hadi. "Legal Protection of Solvent Companies from Bankruptcy Abuse in Indonesian Legal System." Academic Journal of Interdisciplinary Studies 9, no. 2 (2020): 142. http://dx.doi.org/10.36941/ajis-2020-0031.

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In bankruptcy legal system in Indonesia, the court can issue bankruptcy verdict without assess a company’s solvency condition, whether the company is solvent or insolvent. The provision of this law is very prone to be misused by creditors with bad faith. Insolvency test is able to protect debtors and to prevent the abuse of bankruptcy by malice creditors. This paper aims to analyze the legal protection of solvent companies from bankruptcy abuse in Indonesian legal system. By using normative and juridical approach, the results showed that the insolvency test can be included in the future amendm

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Crhová, Zuzana, Zuzana Fišerová, and Marie Paseková. "Corporate Insolvency Proceedings: A Case of Visegrad Four." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 64, no. 1 (2016): 235–43. http://dx.doi.org/10.11118/actaun201664010235.

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Insolvency proceeding and liquidation of bankrupt companies are important topics in days of economic slowdown which affected all economies after financial crisis. This paper aims to find main differences between insolvency proceedings in the countries of Visegrad four. The main goal is to describe insolvency law in member countries and then to compare it from the poin of view of main actors. This comparison can help to find which changes and ideas could be applied to improve and make more effective the Czech insolvency system. The countries of Visegrad four was selected because of their common

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Karnaukh, I. V. "Prospects for limiting the responsibility of the trustee in bankruptcy." Strategic decisions and risk management, no. 3 (September 3, 2017): 36–39. http://dx.doi.org/10.17747/2078-8886-2017-3-36-39.

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The institute of responsibility of the trustee in bankruptcy from the instrument of impact on activity of trustee in bankruptcy during the bankruptcy proceedings is even more often used as lever of influence for upholding the interests of individuals. The article considers the current level of legal regulation of responsibility of the trustee in bankruptcy and prospects for limiting the responsibility of the trustee in bankruptcy for strengthening of his independence.

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Tokarski, Andrzej. "Charakterystyka podstawowych rodzajów upadłości firm w edukacji przedsiębiorczości." Przedsiębiorczość - Edukacja 8 (January 1, 2012): 169–82. http://dx.doi.org/10.24917/20833296.8.14.

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There is no certainty in market economy that business activity conducted by a company will bring a market success. Therefore, bankruptcies of enterprises phenomenon performs a role of a sort of natural regulator in the economic system, which makes resources to be changed for more useful by disappearance of companies that are not effective and cannot withstand competition. The article presents the characteristics of basic types of bankruptcies but clearly indicates that actually there is no one type of such bankruptcies It means that a typology of bankruptcies takes into account the following d

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Mastilovic, L. "The restructuring of the debtor as a means bankruptcy warnings under european law legislation." Courier of Kutafin Moscow State Law University, no. 3 (May 15, 2020): 179–86. http://dx.doi.org/10.17803/2311-5998.2020.67.3.179-186.

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Directive on preventive restructuring 1023/2019 (hereinafter referred to as the Directive) guarantees the right of bona fide and prospective commercial entities (hereinafter‑debtors) to initiate a preventive restructuring procedure in the absence of signs of bankruptcy, subject to the mandatory consent of the debtor and the majority of creditors, while, if the disagreement of the majority of creditors is not economically justified, the procedure can be approved by the authorized body (hereinafter — the court). The purpose of the procedure is to prevent bankruptcy in advance. A significant comm

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