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Journal articles on the topic 'Debtor's solvency'

Author: Grafiati

Published: 28 May 2022

Last updated: 31 July 2025

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1

Chirtoacă, Rodica. "Method of Protecting the Debtor's Estate." Intellectus, no. 1 (July 2025): 146–53. https://doi.org/10.56329/1810-7087.25.1.13.

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The concept of forming the debtor's estate is not clearly defined in the specialized literature. The content of this concept is usually revealed through the analysis of the algorithm of actions and measures taken by the insolvency court, the administrator or the liquidator in order to form the debtor's estate. As the first fundamental stage, the formation of the debtor's estate is of great importance and is of utmost interest to creditors. In fact, this stage serves as preparation for the subsequent implementation of the bankruptcy procedure, the liquidation of the insolvent debtor or the dete

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2

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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3

Koraev, Konstantin Borisovich, Tatyana Klavdievna Primak, Oleg Antonovich Zayachkovsky, Andrey Borisovich Khvostov, and Igor Sergeevich Sorokin. "The legal regulation of a debtor’s solvency extrajudicial restoring under the russian legislation." LAPLAGE EM REVISTA 7, Extra-C (2021): 57–71. http://dx.doi.org/10.24115/s2446-622020217extra-c985p.57-71.

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Modern bankruptcy laws of most countries are mainly focused on the financial recovery of an insolvent debtor, and not its liquidation. In the legal regulation of extrajudicial restoration of solvency is given a higher priority than judicial procedures. This article examines the Russian bankruptcy law, the norms of which regulate extrajudicial restoration of the debtor's solvency. The analysis is conducted considering the economic content of the financial rehabilitation relationship, which must first of all be taken into account in the legislative work.

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4

PILCHINA, DAMIRA. "FEATURES OF BANKRUPTCY IN SIMPLIFIED BANKRUPTCY PROCEDURES." Economic Problems and Legal Practice 18, no. 4 (2022): 100–104. http://dx.doi.org/10.33693/2541-8025-2022-18-4-100-104.

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In this article, the author sets the goal of studying the specific characteristics of simplified bankruptcy procedures, within the framework of which the features of the legal regulation of bankruptcy proceedings in simplified bankruptcy procedures of special debtors are considered: a liquidated debtor, an absent debtor, as well as a specialized company and a mortgage agent. The Bankruptcy Law excludes the application of monitoring, financial rehabilitation and external management procedures in relation to these special debtors, aimed at assessing the debtor's financial condition and implement

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5

Kovan, S. E. "PROBLEMS OF DEVELOPMENT OF THE REHABILITATION POTENTIAL OF THE INSTITUTION OF BANKRUPTCY." Strategic decisions and risk management, no. 2 (October 25, 2014): 64–74. http://dx.doi.org/10.17747/2078-8886-2014-2-64-74.

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The purpose of the work is to assess the available opportunities and trends in the development of rehabilitation mechanisms of bankruptcy in Russia. There was conducted a study of the stages of development of the rehabilitation direction of the bankruptcy institution based on the analysis of the statistical results of bankruptcy procedures. The study concluded that there was no significant growth in the demand prospects of rehabilitation procedures under the existing approaches. The main reason is the lack of people interested in the rehabilitation of debtors in most cases of the procedures. T

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6

IBRATOVA, Feruza B., Davlat Yu KHABIBULLAEV, Zamira N. ESANOVA, Dilshod A. EGAMBERDIEV, and Abdumurad A. HAKBERDIEV. "Legal Issues of Observation – Bankruptcy Procedures Applicable by the Economic Court of Uzbekistan." Journal of Advanced Research in Law and Economics 10, no. 1 (2019): 187. http://dx.doi.org/10.14505//jarle.v10.1(39).19.

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The Law of the Uzbekistan dated April 24, 2003 No. 474-II ‘On Bankruptcy’, the legal definition of the observation procedure is indicated: this is the bankruptcy procedure applied by the economic court to the debtor – legal entity from the moment the court accepts the application for declaring the debtor bankrupt until the next procedure in order to ensure the safety of the debtor's property, analysis of financial state of the debtor. The purpose of the article is to analyze the legal issues of observation (bankruptcy procedure applied by the Economic Court of the Uzbekistan). The article cons

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7

Кузнецова, Н. В. "Financial analysis of activities organizations in bankruptcy." Экономика и предпринимательство, no. 5(142) (August 21, 2022): 1051–57. http://dx.doi.org/10.34925/eip.2022.142.5.200.

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Одной из основных обязанностей арбитражного управляющего в процедуре несостоятельности (банкротства) является проведение финансового анализа деятельности должника. В статье представлены результаты финансового анализа организации в условиях банкротства. Анализ финансового состояния должника произведен в соответствии с утвержденными Правилами проведения арбитражным управляющим финансового анализа, с использованием коэффициентного метода экономического анализа. Результаты анализа могут быть использованы для обоснования возможности или невозможности восстановления платежеспособности должника, целе

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8

Gurdzhiyan, Vladimir L. "ANALYSIS OF THE FINANCIAL CONDITION OF THE DEBTOR-CITIZEN WHEN INTRODUCING BANKRUPTCY PROCEDURES: TECHNOLOGY AND PROBLEMS OF CONDUCTING." Oeconomia et Jus, no. 4 (December 23, 2021): 1–8. http://dx.doi.org/10.47026/2499-9636-2021-4-1-8.

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Currently, many citizens actively resort to such an institution of a market economy as insolvency (bankruptcy). The effectiveness of this procedure’s carrying out depends on a number of factors, among which are the level of qualification, experience and knowledge of the arbitration manager, the debtor-citizen’s willingness to cooperate and the quality of methodological support of the process itself. The article discusses the methodological aspects of conducting the analysis of the financial condition of the debtor-citizen, describes the technology of adapting the official methodology of financ

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9

ХАЛИКОВА, Э. А., И. П. ТАРАСОВ, and Т. А. ГАЛЛЯМОВ. "DIGITAL TOOLS FOR MANAGING RECEIVABLES IN A COMPANY." Экономика и предпринимательство, no. 4(153) (June 15, 2023): 1339–44. http://dx.doi.org/10.34925/eip.2023.153.4.266.

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Статья посвящена разработке программного продукта, позволяющего проводить предварительную и текущую оценку состояния платежеспособности дебитора на основе финансовой и нефинансовой информации. Данный цифровой инструментарий предлагается использовать как на стадии предварительной оценки финансового положения контрагента при заключении договорных отношений, так и на стадии исполнения договоров, в случае, когда дебитор не исполняет свои финансовые обязательства. Программа позволяет провести ранжирование дебиторов и определить в какую цветовую зону входит тот или иной дебитор (красную, зеленую и ж

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10

KOCHETKOV, E. P. "Improving the efficiency of functioning of the bankruptcy institution in the Russian Federation: the value-based approach." Strategic decisions and risk management, no. 1-2 (June 29, 2017): 54–63. http://dx.doi.org/10.17747/2078-8886-2017-1-2-54-63.

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Today the bankruptcy institution develops dynamically under the influence of various factors. This is required the formation of the universal goals of the bankruptcy institution with considering of features of the current socio-economic development. On the other hand, the transformation purposes of the bankruptcy institution towards rehabilitation focus is not always accompanied by an increase of efficiency of bankruptcy procedures, that confirms by the statistics data in the Russia. Thereby author investigated the issues of determining the universal target installation of bankruptcy instituti

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11

Коваленко, Т. О. "ДЕФЕКТИ ПРАВОВОГО РЕГУЛЮВАННЯ БАНКРУТСТВА СУБ'ЄКТІВ АГРАРНОГО ПІДПРИЄМНИЦТВА". Наукові праці Національного університету “Одеська юридична академія” 15 (30 травня 2019): 168–75. http://dx.doi.org/10.32837/npnuola.v15i0.371.

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У статті досліджено особливості законодавчого регулювання підстав, умов і порядку банкрутства сільськогосподарських підприємств та фермерських господарств після викладення Закону України «Про відновлення платоспроможності боржника або визнання його банкрутом» у новій редакції 2011 р.; виявлено юридичні дефекти правового регулювання й запропоновано шляхи їхньої мінімізації.  In the article the peculiarities of legislative regulation of the grounds, conditions and procedure of bankruptcy of agricultural enterprises and farms after the presentation of the Statute of Ukraine "On reco

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12

Ліхоносова, Г. С., та С. П. Богомол. "УДОСКОНАЛЕННЯ ОБЛІКОВО-АУДИТОРСЬКИХ ПРОЦЕДУР ЩОДО ДЕБІТОРСЬКО-КРЕДИТОРСЬКОГО ЗАБЕЗПЕЧЕННЯ ПІДПРИЄМСТВ". TIME DESCRIPTION OF ECONOMIC REFORMS, № 2 (20 липня 2020): 52–59. http://dx.doi.org/10.32620/cher.2020.2.07.

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The article presents the author's opinion on the problem of non-payment, which is the main guarantee of small business. When there are receivables, there are also issues with accounts payable, as most companies do not have a planned profit for the goods, works, services provided. The purpose of the article is to identify current problems of accounting and auditing of receivables and payables, which require their practical solution. The object of the study is the receivables and payables, which were formed as a result of economic activity of the enterprise, its analysis and proposed ways to imp

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13

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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14

Sulistyowati, Retno. "The Position of Legal Protection for Debtors for Bankruptcy Conducted by Separatist Creditors in terms of Act No. 4 of 1996 concerning Mortgage Rights." Sultan Agung Notary Law Review 2, no. 4 (2020): 450. http://dx.doi.org/10.30659/sanlar.2.4.450-458.

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The purpose of this research is to know and analyze; 1). The current implementation of debtor legal protection for bankruptcy is carried out by separatist creditors. 2) Factors that influence the implementation of debtor's legal protection for bankruptcy carried out by separatist creditors. 3) The proper implementation of debtor legal protection for bankruptcy by separatist creditors. This study uses a normative juridical research method, using a statutory approach and a conceptual approach. This type of research is descriptive analytical. The data collection technique is the literature study

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15

Poliakov, R. "Development of the Аustrian competitive process in the 18-19th centuries". Uzhhorod National University Herald. Series: Law 1, № 72 (2022): 73–80. http://dx.doi.org/10.24144/2307-3322.2022.72.12.

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By the 18th century, the first codified acts of general territorial effect a aimed at regulating the competition process appeared in Austria, in particular, the Allgemeine Konkursordnung (Competition Statute of 1781) and the Allgemeine Gerichts-und Konkursordnung (Judicial Statute of 1781). It is argued that in the 18th century, the Austrian legislator considered it necessary to observe the principle of the unitary nature of the competition process, which was reflected in § 6 of the Competition Statute of 1781 and § 74 of the Judicial Statute of 1781, according to those norms all cases i

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16

Pavlikov, Sergey, Mikhail Zagaynov, Galina Slepko, Maria Sleptsova, and Robert Soldatov. "Financial recovery as a means of restoring solvency of bankrupt debtor: special provisions in Russian civil law." E3S Web of Conferences 403 (2023): 01029. http://dx.doi.org/10.1051/e3sconf/202340301029.

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The relevance of this study is due to the uncertainty and high degree of turbulence of economic processes in the country and, therefore, the growing number of insolvent business entities. At the same time, in the case of bankruptcy procedures applied to debtors, one of the most optimal for both the debtor and his creditors is the procedure of financial rehabilitation, the purpose of which is to restore the solvency and effective economic activity of the debtor. The key figure in the financial recovery procedure is the administrative manager, whose purposeful implementation of recovery measures

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17

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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18

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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19

Osmanova, D. O. "The Legal Regime of Basic Multiplicities in Bankruptcy Proceedings." Lex Russica, no. 11 (November 30, 2021): 17–29. http://dx.doi.org/10.17803/1729-5920.2021.180.11.017-029.

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The paper substantiates the position that the entrepreneurial market is no longer a collection of individual participants one way or another interacting with each other through voluntary communication "clothed" in a legal form, but a potentially interdependent network, the presence of which is found in the conditions of a property crisis of one of its elements. In this vein, the bankruptcy procedure is an arena for the collision of multidirectional interests of multiplicities discovered in this process, the most important of which are the unions of the meeting of creditors. They engage persons

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20

Andriyanto Adhi Nugroho, Guna Gerhat Sinaga, Muhammad Fikri, Azareel Sulistiyanto Jusuf, Natasya Fhadyah Azzahra, and Adira Mutiara Jasmine. "Urgensi Penerapan Tes Insolvensi Atas Perusahaan Yang Akan Diputus Pailit." Deposisi: Jurnal Publikasi Ilmu Hukum 1, no. 4 (2023): 231–46. http://dx.doi.org/10.59581/deposisi.v1i4.1810.

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In the law embodied in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, there isn't a requirement stipulating that a debtor must be declared unable (insolvent) to pay their debts through an insolvency test as a condition to determine their bankruptcy status or not. Instead, the debtor's bankruptcy status is established by proving that the debtor has a minimum of 2 (two) creditors, has failed to pay at least 1 (one) due and collectible debt. The absence of insolvency testing as a bankruptcy criterion in Indonesia could lead to companies that are actually c

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21

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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22

Shanti Wulandari. "Characteristics of good corporate governance in Indonesian export financing institutions." World Journal of Advanced Research and Reviews 17, no. 1 (2023): 475–79. http://dx.doi.org/10.30574/wjarr.2023.17.1.0036.

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Indonesia is a country that seeks to increase export activities by providing facilities in terms of capital through the Indonesian Export Financing Agency. The Covid-19 pandemic affected export activities, so that exporter sales decreased, impacting LPEI financing. Receivables are a crucial indicator for assessing the performance of the LPEI function because high bad debts are an indicator of the failure of LPEI in managing the business as a result of ignoring the principles of good corporate governance, causing liquidity, profitability, and solvency problems. This study aims to analyze the ch

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23

Kovalyshyn, Oleksandr. "Ukrainian Insolvency Law: Retrospective And Current Issues." Gdańskie Studia Prawnicze, no. 2(54)/2022 (July 11, 2022): 45–53. http://dx.doi.org/10.26881/gsp.2022.2.04.

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The article is devoted to the historical and current issues of Ukrainian insolvency law. The author states that the insolvency law after 1991 passed three stages: 1) 1991 to 1996 – the replacement of soviet legislation in an independent state and the adoption of the Law of Ukraine “On Restoring Debtor’s Solvency or Declaring a Debtor Bankrupt”; 2) 1996 to 2018 – the influence of European doctrine of insolvency law based on restoration of the debtor’s solvency; 3) 2018 – the current stage of insolvency law based on the Ukrainian Code of Bankruptcy Procedures. It is emphasized that the new

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24

Radzyviliuk, Valeria. "Immanent characteristics of bankruptcy proceedings." Slovo of the National School of Judges of Ukraine, no. 2(43) (November 7, 2023): 141–54. http://dx.doi.org/10.37566/2707-6849-2023-2(43)-9.

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In the theoretical works of domestic authors, there is a lack of a unified and generalized understanding of the inherent characteristics of bankruptcy proceedings, which require additional scientific research up to the present time. This is why the definition and comprehensive understanding of the main features of bankruptcy proceedings and insolvency are highly relevant. Only I. O. Vechirko conducted a compendious study of this complex problem. Therefore, there is a significant shortage of research dedicated to this issue in national theory. In the historical past and in the present, both in

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25

PATSURIIA, Nino B., Valeria V. RADZYVILIUK, Viсtoria V. REZNIKOVA, Iryna M. KRAVETS, and Oksana S. ORLOVA. "State of Legal Regulation of Bankruptcy by the Legislation of Ukraine." Utopía y Praxis Latinoamericana 23, no. 82 (2018): 234–44. https://doi.org/10.5281/zenodo.1508920.

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EN: The authors analyzed the regulation of the main groups of Bankruptcy relations and certain aspects of this phenomenon. On the analysis basis, proposals are made to improve the provisions of the Act of Ukraine "On restoring the debtor's solvency or recognizing it as a bankrupt". It is established that the Act mentioned provides for the possibility of applying to the debtors only certain Bankruptcy procedures. The main direction of legal regulation of Bankruptcy is to satisfy the requirements of all debtors' creditors in the maximum possible extent, and only in the second p

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26

Sutrisno, Sutrisno. "Legal Protection for Debtors over Separatist Creditors' Rights Related To Bankruptcy." Jurnal Akta 7, no. 1 (2020): 83. http://dx.doi.org/10.30659/akta.v7i1.9453.

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Indonesia, as a rechtstaat country, has consequences for the protection and respect of human rights of every class of society; for this reason the law in Indonesia must be able to realize the mandate of Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This includes legal protection for debtors over the rights of separatist creditor billing when bankruptcy occurs. In fact, the implementation of legal protection for debtors has not been able to do fairly up to now; this can occur because 1) the requirements for requesting bankrupt statements make it easy for debto

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27

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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28

Hutsaliuk, Olexii. "The Development of State Regulation of Economic Relations in Field of Bankruptcy in Ukraine." Herald of the Economic Sciences of Ukraine, no. 1(38) (2020): 188–91. http://dx.doi.org/10.37405/1729-7206.2020.1(38).188-191.

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The article deals with the main stages of becoming a bankruptcy institute in Ukraine as a mechanism for regulating a market economy, examines the development of state regulation of economic relations in the field of bankruptcy in Ukraine, and presents problems and proposals for their solution. The bankruptcy procedure is distinguished and the national aspects of bankruptcy are emphasized. The problems of applying bankruptcy law have been identified. Gaps in national legislation have been identified. The approaches that were identified to identify the goals of the bankruptcy procedure are analy

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29

Kantor, N. E. "Legal regime of non-monetaty claims against the debtor arising from contracts concluded before the initiation of bankruptcy proceedings." Courier of Kutafin Moscow State Law University (MSAL)), no. 12 (February 18, 2023): 174–84. http://dx.doi.org/10.17803/2311-5998.2022.100.12.174-184.

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The successful development of the economy of the Russian Federation implies the stability of civil turnover, proper fulfillment by counterparties of their obligations. The rupture of economic chains leads to an avalanchelike bankruptcy of economic entities, deterioration of the investment climate in the country. The article analyzes the issue of the possibility of a legal entity (debtor), in respect of which a bankruptcy case has been initiated, fulfilling property (non-monetary) obligations in favor of counterparties under contracts concluded before the initiation of bankruptcy proceedings ag

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30

Kuznichenko, Yana, Mariia V. Dykha, Natalia Pavlova, Serhiy Frolov, and Olha Hryhorash. "Defining the probability of bank debtors’ default using financial solvency assessment models." Banks and Bank Systems 13, no. 2 (2018): 1–11. http://dx.doi.org/10.21511/bbs.13(2).2018.01.

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Due implementation of debtors’ financial solvency assessment models by Ukrainian banks with the aim of calculating the probability of their default (PD) is the next step towards the integration of Ukrainian banking system into global banking community, convergence of methodical approaches to assessing the credit risk with standards of international practice, possibility of using IRB-approach (an approach based on internal ratings) for calculating the regulatory requirements to capital adequacy.The analysis of approaches to bank credit portfolio segmentation according to types of debtors and de

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31

Panjaitan, Clarita Stefanie, R. Kartikasari, and Artaji Artaji. "Keabsahan Keadaan Solven Debitor sebagai Dasar Pertimbangan dalam Perkara Kepailitan." Media Iuris 5, no. 1 (2022): 19. http://dx.doi.org/10.20473/mi.v5i1.27480.

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AbstractThis article will discuss the basic considerations of the judge in considering the debtor’s solvent condition as the reason for rejecting the bankruptcy case. This article also provides an explanation that the consideration of debtor solvent conditions as the implementation of the principle of balance in the examination of bankruptcy cases is an essential thing to resolve the problems that occur in the Bankruptcy Law in order to create legal certainty for the parties The research method used in this article is a normative legal research method that is descriptive analytical, with the a

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32

Belousov, A. L. "Institute of bankruptcy in the Russian Federation: establishment and ways of development of the legal provision." Russian Journal of Economics and Law 18, no. 4 (2024): 993–1006. https://doi.org/10.21202/2782-2923.2024.4.993-1006.

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Objective: to study the issues of regulation of bankruptcy relations and to determine the ways of further development of the legal field in this sphere. Methods: historical method, logical and structural analysis, system-functional approach, formal-legal method. Results: the article considers formation of the bankruptcy institute in the Russian Federation. In addition, the modern state of legal support in this field is analyzed. The peculiarities of the Russian model of bankruptcy regulation are outlined. Further, the author emphasizes the current problems in the regulation of bankruptcy relat

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33

Riyanto, Taufan Fajar, and Muhammad Taufiq. "The Re-Narrate the Relevance of Justice in Debtor Protection Related to the Parate Execution Carried Out by Separatist Creditors." Jurnal Akta 9, no. 4 (2022): 452. http://dx.doi.org/10.30659/akta.v9i4.27980.

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The existence of Articles 55 and 56 of Act No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the implementation of bankruptcy carried out by separatist creditors against creditors is weak. This is due to the absence of legal remedies that can be taken by debtors during bankruptcy has been found to have happened to him. Therefore, it is necessary to have a disposition of justice in protecting debtors from the rights of separatist creditors. The implementation of bankruptcy as referred to in Article 55 and Article 56 of Act No.

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Ilham, Nurul Fadillah, Masnawaty S, and Nuraisyiah Nuraisyiah. "ANALISIS PENILAIAN KINERJA KEUANGAN PERUSAHAAN TERHADAP KELAYAKAN MENDAPATKAN KREDIT MODAL KERJA." Jurnal Sains Riset 14, no. 1 (2024): 113–33. http://dx.doi.org/10.47647/jsr.v14i1.2174.

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This research aims to determine the performance assessment of prospective debtor companies regarding the feasibility of obtaining working capital credit by BRI KCP Pettarani. Data collection techniques were carried out by conducting interview techniques, documentation techniques and library techniques. The data analysis technique was carried out using qualitative data analysis, namely collecting the data needed in this research, through interviews and documentation. As well as quantitative data analysis using calculations using formulas in analyzing the compa|ny's financial performance and cal

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Luqman, Hakim Nanda Diyan Saputra. "Politik Hukum Insolvency Test Dalam Pembaharuan Hukum Kepailitan di Indonesia." Madani: Jurnal Ilmiah Multidisiplin 1, no. 8 (2023): 305–11. https://doi.org/10.5281/zenodo.8383474.

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<em>Legal politics as the basis for legal goals to be achieved in connection with the laws and regulations that have been enacted. Based on the provisions in the Bankruptcy Law, the requirements for a debtor to be declared bankrupt are very simple and easy even though they are actually in a solvent state. The legal consequence of the bankruptcy decision is that the debtor's assets will be placed in general confiscation by the Curator. This study uses a normative method. The result of this research is that the bankruptcy law in Indonesia has not accommodated the insolvency test mechanism as

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Dutka, V. V. "REHABILITATION OF THE DEBTOR BEFORE THE OPENING OF BANKRUPTCY PROCEEDINGS." Economics and Law, no. 1 (April 15, 2021): 96–101. http://dx.doi.org/10.15407/econlaw.2021.01.096.

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Case Law shows that most bankruptcy cases end in liquidation, and restoring the debtor’s solvency and maintaining it as a business entity is the exception rather than the rule. Such trends clearly do not contribute to the development of the economy, so the development of recovery procedures applicable to the insolvent debtor seems relevant. One such procedure, which has appeared relatively recently in Ukrainian Law, is the pre-trial reorganization procedure. The purpose of the article is to analyze the provisions of current legislation governing the reorganization of the debtor before the open

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Beshtoyev, M. I. "MOVE FROM REPRESSION TO PROTECTION OF DEBTOR, FROM PUNISHMENT TO REHABILITATION." Strategic decisions and risk management, no. 5 (December 29, 2015): 62–75. http://dx.doi.org/10.17747/2078-8886-2015-5-62-75.

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This article considers features of bankruptcy regime of Russia, whether it is pro-debtor or pro-creditor. It also considers common factors that have an impact on implementation of Russian legislation in the field of insolvency (bankruptcy). The article explores possible ways of reform of the legislation to provide more complete balance of interests in the bankruptcy cases and prevent the liquidation of potentially solvent debtors that are suffering temporary financial distress.

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Guryn, M. "Terms applicable during recognition of debtor’s laws invalidity in bankruptcy procedure." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 219–23. http://dx.doi.org/10.24144/2307-3322.2022.70.33.

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The Code of Ukraine on Bankruptcy Procedure (hereinafter – the Code of Bankruptcy) has newly regulated a number of institutions of insolvency law (bankruptcy), including changes affecting the institution of invalidation of the debtor’s transactions. Article 42 of the Code of Bankruptcy provides for the grounds on which transactions entered into by the debtor after the opening of bankruptcy proceedings or during the three years preceding the opening of bankruptcy proceedings may be declared invalid by the commercial court within the bankruptcy case. The purpose of the article is to reveal

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Voloshynov, D. O. "Debt restructuring procedure of an individual." Uzhhorod National University Herald. Series: Law 1, no. 82 (2024): 362–67. http://dx.doi.org/10.24144/2307-3322.2024.82.1.57.

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The article examines the procedure for restructuring debts of an individual in the process of bankruptcy. It is noted that the relevance of this article in the context of the procedure for restructuring the debts of an individual in the process of bankruptcy is determined by the need to understand and develop mechanisms that will allow debtors with financial difficulties to receive effective support and preserve their rights during such procedures. On the basis of judicial practice, it is determined that the restructuring of the debtor’s debts is the first, mandatory and priority stage of the

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Ivanova, Lyudmila Borisovna, Viktoriya Hennadiivna Marhasova, and Yuliya Mitrofanovna Peretiatko. "TAX POLICY AS A REGULATION INSTRUMENT OF RENEWAL OF THE DEBTOR`S SOLVENCY." SCIENTIFIC BULLETIN OF POLISSIA 2, no. 3(11) (2017): 143–47. http://dx.doi.org/10.25140/2410-9576-2017-2-3(11)-143-147.

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Heaton, J. B. "Positive Equity Prices with Insolvency Under Legal Solvency Tests." Journal of Forensic Economics 27, no. 1 (2018): 63–70. http://dx.doi.org/10.5085/434.1.

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Abstract It is well understood that the equity of an insolvent firm can trade for a positive price so long as there is some positive probability that the firm will become solvent at some future point. Currently, however, this insight exists in the case law in an informal sense, while its use in the financial economics literature is highly formalized and not tied to the legal solvency tests that experts, lawyers, and judges must apply in solvency litigation. A simple model of a debtor firm shows why a positive-equity value does not imply solvency under either of two widely-used legal solvency t

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Skvortsova, Tatyana, Gennady Pratsko, and Ekaterina Marchenko. "Mechanisms for restoring the solvency of Russian agricultural debtors." E3S Web of Conferences 402 (2023): 13018. http://dx.doi.org/10.1051/e3sconf/202340213018.

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The purpose of this article is to analyse the mechanisms to restore the solvency of Russian agricultural organisations. The achievement of the goal set by the authors is carried out as a result of the study of socioeconomic factors affecting the financial stability of agricultural organisations, as well as consideration of the provisions of regulations that provide mechanisms for financial recovery of agricultural organisations both outside the bankruptcy procedure and within the bankruptcy procedure. In carrying out the study, the authors used systemic and structural and functional methods of

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Ibratova, Feruza. "PARTICIPATION OF PUBLIC AUTHORITIES IN DRAFTING AGREEMENTS IN BANKRUPTCY CASES: PROBLEMS AND SOLUTIONS." Jurisprudence 2, no. 2 (2022): 82–89. http://dx.doi.org/10.51788/tsul.jurisprudence.2.2./gvav7167.

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The article states that the Law of the Republic of Uzbekistan “On Bankruptcy” defines the rights of the state body to participate in the settlement agreement, but does not specify the procedure for their implementation, and many questions remain open. It is concluded that in order to achieve the goals of restoring the debtor’s solvency, it is necessary to have a decision of the competent authorities to change the conditions for the payment of mandatory payments and an agreement defining the relationship of the debtor with creditors. It is also analyzed that the bankruptcy of one company as a r

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Tirado, Ignacio. "Scheming against the Schemes: A New Framework to Deal with Business Financial Distress in Spain." European Company and Financial Law Review 15, no. 3 (2018): 516–52. http://dx.doi.org/10.1515/ecfr-2018-0017.

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In Spain, the legal framework to solve the financial distress of businesses was confined to formal insolvency proceedings until recently, a number of reforms, have created a menu of options to tackle the problem out of court. The deficient results offered by formal insolvency proceedings in practice make this change commendable. The choice of out of court solution will depend on the type of debtor as well as on the kind of measurers needed to bring the business back to solvent trading. The most complete, versatile and practically relevant of the new procedures is the Homologated Refinancing Ag

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MORGUNOVA, R. V. "APPROACHES TO MANAGING ACCOUNTS RECEIVABLE." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 2, no. 4 (2020): 54–61. http://dx.doi.org/10.36871/ek.up.p.r.2020.04.02.009.

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In view of the general trend of sharp increases in the amount of debt owed by enterprises in the Russian Federation, automation of foreclosure accounting is becoming more and more urgent. To solve the identified problems, a step-by-step methodology for managing receivables, including an algorithm for input assessment of solvency, ranking by the reliability of debtor organizations, and the monitoring system of the current receiv-ables and the way in which arrears work. The article conducted a comparative analysis of software products in which some of the methods of debt management are automated

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Hudaybergenov, Behzod. ""INSOLVENCY LAW IN THE REPUBLIC OF UZBEKISTAN: HISTORICAL AND COMPARATIVE ANALYSIS"." Tsul legal report 4, no. 3 (2023): 14–25. http://dx.doi.org/10.51788/tsul.lr.4.3./belf1086.

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"This article studied and analyzed the history of insolvency law of Uzbekistan, issues of protection of the entrepreneurs’ rights, restoring solvency of the debtor, and satisfaction of creditors’ claims with the use of insolvency procedures in accordance with the bankruptcy law of the Republic of Uzbekistan. In addition, when determining the signs of insolvency, it was analyzed that monetary obligations and debts on mandatory payments should be taken into account, and claims arising from labor relations should not be grounds for initiating bankruptcy proceedings. Particular attention was paid

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Warsito, Lilik. "Urgensi Pembuktian Syarat Kepailitan dan Tes Insolvensi Dalam Permohonan Kepailitan." JURNAL USM LAW REVIEW 7, no. 2 (2024): 822. http://dx.doi.org/10.26623/julr.v7i2.9018.

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<p><em>This study aims to analyze the conditions of insolvency and the role of the bankruptcy test in bankrupt proceedings under Act No. 37 of 2004 on Insolvencies and Delayed Debt Payment Obligations. (UUK-PKPU). In the context of Indonesian law, insolvency proceedings are regarded as a final settlement mechanism for debtors who are unable to pay their debts. This research is urgent given the severity of insolvency cases that affect not only debtors and creditors but also the economy as a whole. This normative law research uses a library-based approach by analyzing secondary data

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Minkovskyi, S. V., and Ye V. Chypyzhenko. "ISSUES OF COMPETITION OF THE RULES OF THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURES AND THE LAW OF UKRAINE “ON EXECUTIVE PROCEEDINGS” IN CASES OF INSOLVENCY OF INDIVIDUALS." Economics and Law, no. 4 (December 6, 2021): 32–38. http://dx.doi.org/10.15407/econlaw.2021.04.032.

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The Code of Ukraine on Bankruptcy Procedures is the first insolvency law codified in domestic legislation. The legislative novelty is the so-called consumer bankruptcy provided by the Code, the restoration of solvency through the settlement of problem debts of individuals, individuals – entrepreneurs to banks, microfinance organizations, arrears of taxes, fees and other mandatory payments within the framework of litigation, and in case of impossibility – their repayment (write-off) in the procedure of debt repayment. In addition, the new Code offers special conditions for addressing the issue

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Szendy, Peter. "Infinance, or Narration and Solvency." differences 31, no. 3 (2020): 1–11. http://dx.doi.org/10.1215/10407391-8744427.

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Narrativity and indebtedness are inextricably intertwined. Absolvere, in Latin, means both to “pay off” a debt and to “relate” a historical event that has reached its conclusion, that is complete (absolutum). In the Arabian Nights, Scheherazade tells many stories about debt and debtors; but it is also her very narration that she evokes as the redeeming of a debt (“I am willing to pay my debt,” she says when resuming her story at the beginning of the Twelfth Night). Following some of Walter Benjamin’s insights, this essay delves into the economy of narration as finance, a word that used to mean

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Riabchuk, Oksana, and Anastasiia Kostenko. "THE IMPORTANCE OF AUDITING AN ENTERPRISE’S RECEIVABLES." Scientific Notes of Ostroh Academy National University, "Economics" Series 1, no. 37(65) (2025): 70–74. https://doi.org/10.25264/2311-5149-2025-37(65)-70-74.

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The article examines the significance of accounts receivable auditing as a crucial tool for assessing an enterprise’s financial condition and ensuring its stability. It notes that the audit of receivables holds particular importance within the enterprise’s financial control and management system, given that their excessive accumulation or untimely repayment can lead to serious financial problems. The primary objective of a receivables audit is to verify the reliability of their formation and repayment processes, covering several critical aspects. The study substantiates that the management of

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