Academic literature on the topic 'Creditor's'

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Journal articles on the topic "Creditor's"

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Komara, Stevani, and Habib Adjie. "The Effect of the Execution of the Sale of the Right Object on the Position of Bank Creditors." Edunity Kajian Ilmu Sosial dan Pendidikan 2, no. 5 (2023): 630–38. http://dx.doi.org/10.57096/edunity.v2i5.98.

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The results of this study show that the right of liability is the object of guarantee that is most in demand by creditors (banks) as debt collateral. The value of the rights contained in thecertificate of rights of dependents has an important influence in determining the position of creditors as creditors who have preferential rights or only limited to as a concurrent creditor. If the value of the dependent rights has a greater value than the debtor's debt, then the creditor's position as the holder of the liability right is the preferred creditor, which takes precedence repayment of it than o
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Puspitasari, Dessy, Iran Sahril, and Jelly Nesseri. "Kepastian Hukum Bagi Kreditur Sehubungan Pelaksanaan Eksekusi Jaminan Fidusia Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019 Yang Berdampak Kerugian Finansial." Jurnal Hukum Legalita 6, no. 2 (2024): 181–204. https://doi.org/10.47637/legalita.v6i2.1470.

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The Constitutional Court Decision Number 18/PUU-XVII/2019 has brought changes to the execution process in fiduciary guarantees, making the creditor's position change before the birth of the decision. The existence of requirements for creditors in executing fiduciary security objects and determining defaults has changed, resulting in creditors not being able to immediately execute fiduciary security objects. This raises issues related to the certainty of the creditor's right to execute the fiduciary security object.The formulation of the problem in this research is how the Legal Consequences fo
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Busrian, Helvandra, Sri Walny Rahayu, and Yusri Yusri. "Liability of the Debtor as a Result of the Transfer of the Security Object of the Trust without the Consent of the Creditor in the Consumer Financing Agreement on PT Adira Dinamika Multifinance Tbk, Banda Aceh." International Journal of Multicultural and Multireligious Understanding 11, no. 2 (2024): 43. http://dx.doi.org/10.18415/ijmmu.v11i2.5452.

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This study aims to elucidate the legal ramifications for the debtor and third parties when the security object of the trust is transferred without the creditor's consent. Additionally, it seeks to examine the liability of the debtor resulting from the transfer of the security object without the creditors' approval. The research methodology employed in this study is the Yuridis empirical approach. The research utilizes primary and secondary legal materials. Primary legal material comprises field data obtained from interviews with respondents and informants. Secondary legal material includes leg
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Jhoni, Jhoni, and Meirina Dewi Pratiwi. "POTENSI HAK EKSEKUTORIAL BAGI KREDITUR DALAM PERJANJIAN FIDUSIA." Justici 13, no. 1 (2020): 68–78. https://doi.org/10.35449/justici.v13i1.180.

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ABSTRACT The Fiduciary Guarantee makes it easy for those who use it. However, in the current practice, there are several violations of law committed by debtors and creditors, for example, there are still creditors who do not register fiduciary deeds to fiduciary registration offices, debtors who transfer, mortgage, and lease fiduciary collateral objects without the creditor's permission and others. -other. From the problems above, of course there must be a solution for Debtors and Creditors. The creditor must really understand the tendency of the debtor as the fiduciary giver, and must follow
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Muslim, Shohib, Shinta Hadiyantina, Hudriyah Mundzir, and Zainal Amin Ayub. "The meaning of “strength executive" in the Constitutional Court decision for the execution of fiduciary securities." Legality : Jurnal Ilmiah Hukum 31, no. 1 (2023): 1–20. http://dx.doi.org/10.22219/ljih.v31i1.23244.

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Judicial decisions must have legal implications for relevant parties. PMK No. 2/PUU-XIX/2021 remains debatable between creditors and debtors because it seemingly weakens the protection of creditors' rights. Creditors cannot immediately carry out enforcement procedures that cut off the creditor's business flow because the position of the subject of fiduciary obligations is in the debtor's control, making it possible for disputes between debtors and creditors. This normative legal research was conducted using a philosophical, juridical approach covering statutory policies, conceptual and case ap
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Wiyono, Pambudi, and Pujiono. "Legal Consequences of Creditor's Name Change in Syndicated Loan Agreement." International Journal of Social Sciences and Humanities Invention 6, no. 10 (2019): 5683–87. http://dx.doi.org/10.18535/ijsshi/v6i10.05.

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The present study discussed the legal consequence of the creditor's name change and the consideration used by the Supreme Court Judge no. 1300 K/Pdt/2013. The present study was categorized as doctrinal legal study using case study approach. The data were collected through library research. Syllogism was employed as the analysis technique of this legal writing. The change of creditor's name in a syndicated loan, as it happens to "PT. Bank Finconesia” that changes its name to “PT. Bank Agris" cause problems since the new name "PT. Bank Agris" is not mentioned in the loan agreement no. 8 dated 28
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Basri, Herlina, Faisal Santiago, Rifka Zuwanda, Hudi Yusuf, and Sugeng Samiyono. "Bankruptcy Legal System Reform in Settlement of Debtors’ Debt According to the Bankruptcy law." Nagari Law Review 7, no. 3 (2024): 567. http://dx.doi.org/10.25077/nalrev.v.7.i.3.p.567-577.2024.

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According to Law No. 37 of 2004, bankruptcy is the complete seizure of a bankrupt debtor's assets, with the curator managing and settling them under the watchful eye of a supervising judge. There are several conditions for a debtor to be declared bankrupt, including having two or more creditors and not being able to make payments of at least one debt that is due and collectible and can be at his request or the request of one or more creditors. This article discusses the principle of distributing the debtor's assets if a debtor is declared bankrupt. According to Bankruptcy Law Regarding credito
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Siregar, Rahmad Nauli, Hasim Purba, Idha Aprillyana Sembiring, and Utary Maharany. "Legal Protection Against Home Ownership Credit Debtors with the Flexibility of Banking Policies in Credit Agreements without the Creditor's Permission." Journal of Law and Sustainable Development 12, no. 1 (2024): e2405. http://dx.doi.org/10.55908/sdgs.v12i1.2405.

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Introduction: The Job Creation Law's implementation in 2023 will significantly alter corporate rivalry and investment, particularly in the housing industry. This modification attempts to take into account the changing circumstances that both customers of housing and creditors or housing providers must deal with. Law Number 1 of 2011 further stipulates that all Indonesians in middle-class and lower-class economic categories must have access to livable housing. Objective: This article's goals are to clarify the legal ramifications of moving credit with collateral as a home ownership credit objec
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Li, Yixin. "Creditor Protection Mechanism of Debtor's Fraudulent Transfer: Comparing Current Legislation of China and the United States." Lecture Notes in Education Psychology and Public Media 10, no. 1 (2023): 307–13. http://dx.doi.org/10.54254/2753-7048/10/20230338.

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Fraudulent transfer behavior refers to the act of a debtor, in order to evade debt, obstructing or delaying the creditor's realization of their creditor's rights by transferring their own property or establishing a right burden on the property. This concept is originated from the Anglo-American legal system, but similar concepts can also be found in Chinese law system. The fundamental reason why fraudulent transfer behavior needs to be regulated is that it violates the debtor's moral obligations of integrity and fairness towards creditors. Based on a comparative analysis of existing rules in C
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MAHAWIRA, Made Dananjaya, I. Made ARJAYA, and I. Made Pria DHARSANA. "PPAT Responsibilities That Do Not Issue the Deed of Grant of Guarantee Rights and Position of Creditors in Bankruptcy." Journal of Political And Legal Sovereignty 1, no. 2 (2024): 53–60. https://doi.org/10.38142/jpls.v1i2.58.

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Purpose: The action taken is that lending and borrowing are not accompanied by the existence of an item that the debtor guarantees. However, in reality, in banking, there is a provision of a facility from the bank for its customers who do not lend to the debtor without including a guarantee.Methodology: The research method conducted by the author is normative research. The formulation of the problems that will be discussed includes 1. What is the responsibility of the PPAT towards the cover note stating that the Mortgage will be installed? 2. What is the creditor's position in bankruptcy becau
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Dissertations / Theses on the topic "Creditor's"

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Frank, Robert 1966. "Creditor's use of the oppression remedy." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=30298.

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This thesis examines creditors' use of the oppression remedy under the Canada Business Corporations Act and its provincial equivalents from historical and critical perspectives, assesses the consequences of the increasing willingness of Canadian courts to make the remedy available to creditors and concludes by offering some solutions to the problems that are identified. Part I traces the historical development of the oppression remedy, first in the United Kingdom and then in common law Canada. Next, the current state of the law relating to the oppression remedy is briefly examined, followed by
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Irish, Ryan P. "Baby GAAP, A Creditor's Solution to Financial Reporting." Scholarship @ Claremont, 2013. http://scholarship.claremont.edu/cmc_theses/626.

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The purpose of this paper is to explore problems in current GAAP, including earnings management and illogical accounting practices. The paper then looks at proposed solutions to these problems, but shows how, from a creditor's perspective, these solutions fall short. My conclusion is that by creating two sets of GAAP, one for large publicly traded companies and one for smaller privately held companies, financial statements will be more representationally faithful for the creditors utilizing the financial statements.
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Andrade, Rodrigo Augusto Silva de. "Creditor's protection and bank loans: lack of competition hampers bankruptcy reform's effects." reponame:Repositório Institucional do FGV, 2015. http://hdl.handle.net/10438/14090.

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Submitted by Rodrigo de Andrade (rodrigo.andrade@bcb.gov.br) on 2015-09-23T15:12:37Z No. of bitstreams: 1 EESPTeseRASdeAndrade.pdf: 1266696 bytes, checksum: 1b719b6fe0e4fb6ec5f537e62599baab (MD5)<br>Rejected by Suzinei Teles Garcia Garcia (suzinei.garcia@fgv.br), reason: Boa tarde Rodrigo, Por favor, tirar o acento da palavra Getulio. Obrigada. Suzi 3799-7876 on 2015-09-23T17:38:24Z (GMT)<br>Submitted by Rodrigo de Andrade (rodrigo.andrade@bcb.gov.br) on 2015-09-23T18:04:47Z No. of bitstreams: 1 EESPTeseRASdeAndrade.pdf: 1265756 bytes, checksum: 82c4e08660eaa9502491828c36fba380 (MD5
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Tlhapi, Onkabetse Matlhogonolo. "Rescuing creditors from business rescue : dissecting the detrimental effects of business rescue on creditors." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/75318.

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This dissertation critically analyses the business rescue regime, with a specific focus on those attributes of the regime which detrimentally affect creditors. The main aspects which will be critically analysed include, the moratorium, the effect of business rescue on suretyships and the costs of business rescue. Examples will be used to illustrate the ways in which the business rescue regime is disproportionately slanted in favour of debtor companies as opposed to their creditors. Proposals as to how the regime can be developed to balance the competing interests of debtor companies and their
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Frank, Robert. "Creditors' use of the oppression remedy." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64274.pdf.

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Walton, Peter. "Priority rights of creditors in insolvency." Thesis, University of Wolverhampton, 2003. http://hdl.handle.net/2436/88477.

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Girnius, Virginijus. "Kreditorių teisių įgyvendinimas įmonių restruktūrizavimo procese." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140603_135519-83960.

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Įmonės restruktūrizavimas kaip verslo gelbėjimo forma leidžia atkurti laikinai prarastą įmonės mokumą ir toliau tęsti ūkinę-komercinę veiklą. Restruktūrizavimo procesas negalimas be įmonės kreditorių pagalbos ir bendradarbiavimo. Kreditorių dalyvavimas restruktūrizavimo procese, jų aktyvumas ir įmonei teikiamos pagalbos apimtis priklauso nuo kreditoriams suteikiamų teisų ir jų įgyvendinimo sąlygų. Darbe atskleidžiama restruktūrizuojamos įmonės kreditorių kategorija, atskiriant skirtingas kreditorių grupes ir jų interesų restruktūrizavimo procese skirtumus. Dėmesys atkreipiamas į su restruktūri
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Torrie, Virginia Erica. "Protagonists of company reorganisation : a history of the Companies' Creditors Arrangement Act (Canada) and the role of large secured creditors." Thesis, University of Kent, 2015. https://kar.kent.ac.uk/54477/.

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In 1933 Canada enacted the Companies’ Creditors Arrangement Act with little consultation. Parliament described the CCAA as federal ‘bankruptcy and insolvency law’ but the Act provoked constitutional controversy because it could compulsorily bind secured claims, which fell under provincial jurisdiction. Even after the Supreme Court of Canada upheld the CCAA, the intended beneficiaries of the Act preferred not to use it. In the 1950s the Act fell out of use, and by the 1970s commentators considered it a ‘dead letter.’ But during the 1980s and 1990s recessions, courts ‘revived’ the CCAA through p
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Bianco, Giuseppe. "Restructuring Sovereign Debt : Private Creditors and International Law." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D075.

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La thèse examine le cadre juridique de la restructuration de la dette souveraine vis-à-vis des créanciers privés et le rôle joué par le droit international public. La problématique est la suivante : Quel est le rôle actuel et potentiel du droit international public dans la restructuration de dettes souveraines ? Le cadre juridique actuel est fragmenté, avec une multitude d'acteurs et de pratiques. Le contexte politique influence le processus plus que des coutumes ou des principes généraux. La jurisprudence révèle les défis pour les cours nationales et les tribunaux internationaux. L'approche c
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Pakter, Walter J. "Creditors' remedies and debtors' protection in Roman law." Thesis, University of Oxford, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.321236.

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Books on the topic "Creditor's"

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Ordin, Robert L. Contesting confirmation: A creditor's perspective. Prentice Hall Law & Business, 1993.

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Ordin, Robert L. Contesting confirmation: A creditor's perspective. 2nd ed. Aspen Law & Business, 1995.

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Boshkoff, Douglass G. Sum & substance of bankruptcy and creditor's rights. 4th ed. Josephson/Kluwer Legal Educational Centers, 1986.

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Florida. Legislature. Senate. Committee on Judiciary. A Report on creditor's rights: Prejudgment remedies. The Committee, 1991.

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Hamline University. Advanced Legal Education., ed. Bankruptcy strategies and creditor's remedies: January 22, 1988. ALE, 1988.

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Harms, Steven A. Handling the collection case in Michigan: A creditor's guide. 4th ed. Institute of Continuing Legal Education, 2003.

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Harms, Steven A. Handling the collection case in Michigan: A creditor's guide. 3rd ed. Institute of Continuing Legal Education, 1993.

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Harms, Steven A. Handling the collection case in Michigan: A creditor's guide. Institute of Continuing Legal Education, 1989.

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Young, Vivienne. Bust!: A creditor's guide to dealing with failing companies. Pitman, 1992.

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Montana. Legislature. Joint Interim Subcommittee on Lien Laws., ed. Creditor's rights vs. debtor's shields: A report to the 50th Legislature. Montana Legislative Council, 1986.

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Book chapters on the topic "Creditor's"

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Kossovsky, Nir. "Creditors." In Reputation, Stock Price, and You. Apress, 2012. http://dx.doi.org/10.1007/978-1-4302-4891-0_6.

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Keay, Andrew. "Creditors." In Company Directors' Liability and Creditor Protection. Informa Law from Routledge, 2023. http://dx.doi.org/10.4324/9780429266232-4.

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Saleh, Nivien. "Creditors Close In." In Third World Citizens and the Information Technology Revolution. Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230114784_6.

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Aziz, Hartinie Abd, Zuhairah Ariff Abd Ghadas, Norizan Remli, Nurhidayah Abdullah, Hazrai Afizi bin Che Haron Shafiee, and Assane Buana Ossofo. "Business Continuity and Creditor Rights: Unsecured Creditors’ Protection in Malaysia's Compulsory Winding-Up Process." In Studies in Systems, Decision and Control. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-65207-3_47.

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Datz, Giselle. "The Past as Insufficient Prologue: Sovereign Debt Restructurings in Latin America Since the 1980s." In United Nations University Series on Regionalism. Springer Nature Switzerland, 2024. http://dx.doi.org/10.1007/978-3-031-68475-3_12.

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AbstractIn the absence of a global bankruptcy court for sovereign debt, crises leading to debt restructurings have evolved within an imperfect architecture mired in creditor coordination problems. These challenges are now part of a permacrisis of interconnected global dysfunction that defies existing institutions and their approaches to tackling recurrent problems. The chapter reviews the ways in which debt restructurings have taken place since the 1980s: from the securitization of commercial bank loans to financial fragility and new defaults on sovereign bonds. The costs of default have been
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Helvacı, İlhan. "Joint and Several Creditors." In Turkish Contract Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-60061-1_28.

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MILGRAM, L. "Bankruptcy from the Creditor's Viewpoint." In Managing Smart. Elsevier, 1999. http://dx.doi.org/10.1016/b978-0-88415-752-6.50301-5.

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Harley, Gabe. "The CVA Process from Preparation to Decision." In Company Voluntary Arrangements. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192842886.003.0005.

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Abstract This chapter discusses the preparation and decision of the CVA process. In line with the Cork Committee recommendations, the nominee in a CVA must be qualified to act as an insolvency practitioner. The CVA proposal is a document that establishes the terms of the proposed compromise and arrangement with creditors. Additionally, the proposal is typically put together by directors of the company with the assistance of the proposed nominee, legal, and other professional advisors. The chapter also looks into the legal commencement and notice requirements of the CVA before the process of th
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Gabe, Harley. "5 The CVA Process from Preparation to Decision." In Company Voluntary Arrangements. Oxford University Press, 2022. http://dx.doi.org/10.1093/law-ocl/9780192842886.003.0005.

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This chapter discusses the preparation and decision of the CVA process. In line with the Cork Committee recommendations, the nominee in a CVA must be qualified to act as an insolvency practitioner. The CVA proposal is a document that establishes the terms of the proposed compromise and arrangement with creditors. Additionally, the proposal is typically put together by directors of the company with the assistance of the proposed nominee, legal, and other professional advisors. The chapter also looks into the legal commencement and notice requirements of the CVA before the process of the credito
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Ali, Pau. "Introduction." In The Law of Secured Finance. Oxford University PressOxford, 2002. http://dx.doi.org/10.1093/oso/9780198299028.003.0001.

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Abstract A creditor that holds a security interest over its debtor’s assets enjoys considerable ad- vantages over those creditors of the debtor that do not. Foremost amongst these advantages is the preferential status or ‘priority position’ conferred by the security interest on the creditor’s claim against the debtor. Thus, on the default or insolvency of the debtor, the secured creditor is entitled to have its claim met in full, out of the assets encompassed by the security interest, ahead of the debtor’s unsecured creditors.
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Conference papers on the topic "Creditor's"

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Binder, Michael. "Premature Debt Repayment Then and Now. A comparison of D. 12.6.10 and § 1434 ABGB." In International Legal History Meeting of PhD Students. Masaryk University Press, 2024. https://doi.org/10.5817/cz.muni.p280-0628-2024-1.

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In certain cases, the debtor is not forced to make the payment immediately because either the payment or the obligation is deferred. In such cases, the creditor cannot immediately enforce his claim. However, if the debtor makes a premature payment to the creditor by mistake, it is questionable whether he can claim this payment back from the creditor with a condictio indebiti. Such an action seems problematic because after the lapse of the deferral, the debtor would have to pay that which he received from the creditor back to the creditor. In this article, cases with a premature debt repayment
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Doros, Diana. "Personal warranties. Suretyship." In Simpozion stiintific al tinerilor cercetatori, editia 20. Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/9789975359030.06.

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Personal guarantees represent a person (guarantor) assumed in favor of a creditor in order to guarantee the satisfaction of the creditor's claim against a debtor (principal debtor). The surety is the obligation of the guarantor (guarantor) assumed for the benefit of a creditor in order to guarantee the obligation that the debtor owes to the creditor (secured obligation) and which appears and becomes due only if the secured obligation appears and becomes due. The surety has a double meaning, namely: the right of guarantee, which arises from the contract concluded in favor of the creditor and th
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Kozar, Vladimir. "UTICAJ OTVARANjA STEČAJNOG POSTUPKA NA ZAKONSKA I UGOVORNA PRAVA PREČE KUPOVINE." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.959k.

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The paper analyzes the regulations of the Republic of Serbia, the standpoints of domestic court practice and the opinions of jurisprudence on the impact of the opening of bankruptcy proceedings on the preemptive right. The importance of terminating previously acquired preemptive rights, as a legal consequence of opening bankruptcy proceedings, and avoiding a collision with the legal pre-emptive right of the secured creditor on the subject of pledge right. Also, the issue of exercising and protecting the preemptive right in bankruptcy proceedings was discussed. The legal nature of the legal pre
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Yu, Ping, Yu Xu, and Geng-Zhong Feng. "Creditor's Optimal Contract in Inventory Pledge Loan." In 2008 3rd International Conference on Innovative Computing Information and Control. IEEE, 2008. http://dx.doi.org/10.1109/icicic.2008.206.

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Xintian, Nie. "Research on New Accounting Subject of “Creditor's Rights Investment”." In Proceedings of the 2019 4th International Conference on Social Sciences and Economic Development (ICSSED 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/icssed-19.2019.57.

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Brants, Edijs. "Kreditora pienākums atmaksāt parādniekam naudas līdzekļus Maksātnespējas likuma 99. panta otrās daļas kārtībā." In Latvijas Universitātes 82. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2024. http://dx.doi.org/10.22364/juzk.82.06.

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In this article, the author analyses the understanding of a creditor’s obligation to repay funds received from a debtor under Article 99, Section 2 of the Insolvency Law. Specifically, the author critiques Supreme Court’s judgement on 15 March 2023 in case № SKC-62/2023. The author concludes that Article 99, Section 2 of the Insolvency Law entails a rather peculiar legal rule by penalizing creditors who actively safeguard their legal rights and interests. Furthermore, the author argues that the Supreme Court’s judgement unjustly prioritizes the principle of creditor equality, potentially resul
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Mikhneva, Svetlana Vladimirovna, and Liudmila Vladimirovna Tatarenko. "To the question of the concept, origin and general provisions of subsidiary liability." In All-Russian scientific and practical conference with international participation. Publishing house Sreda, 2020. http://dx.doi.org/10.31483/r-97386.

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The article discusses a wide range of developed approaches to the concept, legal nature and essence of subsidiary liability. It is concluded that the subsidiary liability should be understood as the obligation of the person bearing subsidiary liability to cover the debt of the principal debtor if the latter refuses to satisfy the creditor's claims.
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Fillers, Aleksandrs. "Atsevišķi problēmjautājumi saistībā ar līgumu izpildi." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.10.

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The article analyses two topics that have been rarely discussed in Latvian legal literature. Firstly, like most continental legal systems, the Latvian Civil Law recognizes the so-called exceptio non adimpleti contractus. This is a defence that allows a party to a contract to withhold its performance, if the counterparty does not perform its part of the contract. The article analyses how this defence applies, if the counter-performance is provided but turns out to be defective. Secondly, the article deals with the problem of creditor’s default (mora creditoris). The Latvian Civil Law provides a
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Xihua, Gao, Fei Qi, and Wang Tao. "Elementary analysis on the social values of the priority for labor creditor's rights." In 2011 IEEE 3rd International Conference on Communication Software and Networks (ICCSN). IEEE, 2011. http://dx.doi.org/10.1109/iccsn.2011.6014828.

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Jovanović, Anđela, and Nina Aleksić. "Electronic public bidding as a legislative amendment in the sale of real estate in enforcement proceedings." In XXI međunarodni naučni skup Pravnički dani - Prof. dr Slavko Carić, na temu: Odgovori pravne nauke na izazove savremenog društva. Faculty of Law for Commerce and Judiciary, Novi Sad, 2024. http://dx.doi.org/10.5937/pdsc24231j.

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The enforcement procedure is in a continuous state of evolution. Given that self-help is prohibited in a rule-of-law state, the legislator has enabled instruments through the Enforcement and Security Act, by which every individual can realize their right through an organized enforcement procedure. The efficiency of enforcement implementation is of essential importance for the functioning of any legal system. The sale of real estate as a means of enforcement in the enforcement procedure represents a necessary instrument that ensures the secure and efficient satisfaction of the creditor's claim
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Reports on the topic "Creditor's"

1

Galindo, Arturo. Creditor Rights and the Credit Market: Where Do We Stand? Inter-American Development Bank, 2001. http://dx.doi.org/10.18235/0010792.

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This paper reviews empirical evidence on the impact of creditor rights regulations on credit market breadth and the credit cycle. It confirms results that were questioned regarding the impact of creditor rights regulations on the size of credit markets, and shows that the degree to which creditors are protected has a significant impact on the potential size of credit crunches.Simulations suggest that the average credit to GDP ratio for Latin America could be doubled if creditor rights regulations were put in place and law enforcement increased to developing country levels.
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Micco, Alejandro, and Arturo Galindo. Creditor Protection and Credit Volatility. Inter-American Development Bank, 2005. http://dx.doi.org/10.18235/0010961.

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This paper studies the relationship between creditor protection and credit volatility. During the negative phase of the business cycle, credit contracts more in countries with poor creditor protection. For similar shocks to business conditions, credit is more volatile in countries where creditors are weakly protected. We test this idea using a dataset on legal determinants of finance in a panel of data of aggregate credit growth for a sample of 139 countries during the period 1990-2003. We find support for the view that better legal protections significantly reduce the impact of exogenous shoc
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Micco, Alejandro, and Arturo Galindo. Bank Credit to Small and Medium-Sized Enterprises: The Role of Creditor Protection. Inter-American Development Bank, 2005. http://dx.doi.org/10.18235/0010766.

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This paper develops a model showing that inefficient legal protections disproportionately increase financial restrictions for creditors that have less wealth. Due to fixed monitoring costs in equilibrium, banks will not monitor small firms, and therefore these firms will adopt risky technologies that imply a higher probability of bankruptcy. This implies that inefficiencies in the bankruptcy procedure will have a greater effect on small firms vis-à-vis large ones. Using a survey of firms in 62 countries around the world (WBES) and econometric techniques that allow us to deal with observed and
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Ivashina, Victoria, and Benjamin Iverson. Trade Creditors’ Information Advantage. National Bureau of Economic Research, 2018. http://dx.doi.org/10.3386/w24269.

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Bris, Arturo, and Ivo Welch. The Optimal Concentration of Creditors. National Bureau of Economic Research, 2001. http://dx.doi.org/10.3386/w8652.

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Cordella, Tito, and Andrew Powell. Preferred and Non-Preferred Creditors. Inter-American Development Bank, 2021. http://dx.doi.org/10.18235/0003109.

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International financial institutions (IFIs) generally enjoy preferred creditors treatment (PCT). Although PCT rarely appears in legal contracts, when sovereigns restructure bilateral or commercial debts, they normally pay IFIs in full. This paper presents a model where a creditor, such as an IFI, that can commit to lend limited amounts at the risk-free rate and can refrain from lending into arrears is always repaid and adds value. The analysis suggests that IFIs and market lenders can both enhance welfare, even if banning commercial borrowing can sometimes be optimal. To maintain their status,
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Antill, Samuel, Neng Wang, and Zhaoli Jiang. Creditor-on-Creditor Violence and Secured Debt Dynamics. National Bureau of Economic Research, 2024. http://dx.doi.org/10.3386/w32823.

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Cordella, Tito, and Andrew Powell. Research Insights: Why Are Preferred Creditors Preferred? Inter-American Development Bank, 2020. http://dx.doi.org/10.18235/0002954.

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Ghosal, Sayantan. Informal creditors, intercreditor equity, and sovereign debt restructuring. UNU-WIDER, 2025. https://doi.org/10.35188/unu-wider/wyxp8408.

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Olivares-Caminal, Rodrigo, and Gerónimo Frigerio. Expedited Debt Restructuring in Latin America: A Regional Overview. Inter-American Development Bank, 2009. http://dx.doi.org/10.18235/0011072.

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The use of expedited debt-restructuring alternatives allows debtors and creditors to negotiate the terms of an agreement in a shorter period of time than traditional reorganization procedures, minimizing the problem of holdout creditors and avoiding long and costly procedures.
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