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1
Jakobsen, John, and Peter Bang. "Modernisation of the Danish Bankruptcy Act." International Insolvency Review 5, no. 2 (1996): 121–24. http://dx.doi.org/10.1002/iir.3940050203.
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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, group of companies (connected companies), bankruptcy proceedings against liquidation estate and international bankruptcy. Due to numerousness of the defective legal solutions and disturbing easiness with which some of the basic principles of bankruptcy law and civil procedure law generally have been directly broken, it is necessary to prepare new legal provisions that shall change and amend the Bankruptcy Act of 2015.
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Domowitz, Ian, and Thomas L. Eovaldi. "The Impact of the Bankruptcy Reform Act of 1978 on Consumer Bankruptcy." Journal of Law and Economics 36, no. 2 (October 1993): 803–35. http://dx.doi.org/10.1086/467298.
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HANSEN, BRADLEY A., and MARY ESCHELBACH HANSEN. "The role of path dependence in the development of US bankruptcy law, 1880–1938." Journal of Institutional Economics 3, no. 2 (August 2007): 203–25. http://dx.doi.org/10.1017/s174413740700063x.
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Abstract:We illustrate mechanisms that can give rise to path dependence in legislation. Specifically, we show how debtor-friendly bankruptcy law arose in the United States as a result of a path dependent process. The 1898 Bankruptcy Act was not regarded as debtor-friendly at the time of its enactment, but the enactment of the law gave rise to changes in interest groups, changes in beliefs about the purpose of bankruptcy law, and changes in the Democratic Party's position on bankruptcy that set the United States on a path to debtor-friendly bankruptcy law. An analysis of the path dependence of bankruptcy law produces an interpretation that is more consistent with the evidence than the conventional interpretation that debtor-friendliness in bankruptcy law began with political compromises to obtain the 1898 Bankruptcy Act.
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Mabe, Zingaphi. "Alternatives to Bankruptcy in South Africa that Provides for a Discharge of Debts: Lessons from Kenya." Potchefstroom Electronic Law Journal 22 (March 12, 2019): 1–34. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5364.
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The problems faced by debtors in South Africa is not that there are no alternatives to insolvency proceedings, but that the available alternatives do not provide for a discharge of debt as with a sequestration order, which is ultimately what the debtor seeks to achieve. Debtors in South Africa can make use of debt review in terms of the National Credit Act 34 of 2005 or administration orders in terms of the Magistrates' Court Act 32 of 1944 to circumvent the sequestration process. However, both debt review and administration orders do not provide for a discharge of debt and provide for debt-restructuring only, in order to eventually satisfy the creditor's claims. Attention is given to the sequestration process and the alternatives to sequestration as they relate specifically to the discharge or lack of a discharge of a debtor's debts. The South African law is compared to Kenyan Law. This article seeks to analyse the alternatives to the bankruptcy provisions of the newly enacted Kenyan Insolvency Act 18 of 2015 in order to influence the possible reform of insolvency law in South Africa. Like the South African Insolvency Act, the old Kenyan Bankruptcy Act (Cap 53 of the Laws of Kenya) also did not have alternatives to bankruptcy. The old Kenyan Bankruptcy Act, however, contained a provision on schemes of arrangement and compositions. The Kenyan Insolvency Act now caters for alternatives to bankruptcy and provides a wide range of alternatives to bankruptcy, some of which allow debtors in different financial positions to obtain a discharge.
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Čolović, Vladimir. "Bankruptcy over the deceased's estate (inheritance) as a form of personal bankruptcy." Strani pravni zivot, no. 3 (2020): 75–88. http://dx.doi.org/10.5937/spz64-28309.
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Bankruptcy over the deceased's estate is one of the forms of personal bankruptcy. This institute contains a number of specifics that according to certain elements separate it from the personal bankruptcy. However, most of the rules of personal bankruptcy must apply to this form of bankruptcy, given the status of the deceased, his property and heirs. In order to be able to define the rules of personal bankruptcy in case of bankruptcy over the deceased's estate, we must start from the basic rules of inheritance law concerning the acceptance of inheritance and debts of inheritance. Also, important elements must be defined from the standpoint of the rules of the personal bankruptcy, namely the status of the deceased before death, the source of creditors' claims, the status of inheritance, as well as the possibility of conducting a special personal bankruptcy against the heir. When we talk about the status of the deceased before death, we mean that he was engaged in some economic activity as an entrepreneur or he was a member of a company that has unlimited liability where he is liable with his property for the debts of that company. Finally, the deceased could be only a consumer. The author tries to answer whether the status of the deceased before death is important for conducting bankruptcy proceedings over the deceased's estate. The paper also pays attention to the German legislation, as well as to the US legislation in this area. German Insolvency Act regulates personal bankruptcy in detail, as well as bankruptcy over the deceased's estate. In addition, the author refers to some important provisions of the Act on inheritance of Serbia, as well as of the Act on consumer's bankruptcy of Croatia.
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White, Michelle J. "Bankruptcy Reform and Credit Cards." Journal of Economic Perspectives 21, no. 4 (November 1, 2007): 175–99. http://dx.doi.org/10.1257/jep.21.4.175.
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From 1980 to 2004, the number of personal bankruptcy filings in the United States increased more than five-fold, from 288,000 to 1.5 million per year. By 2004, more Americans were filing for bankruptcy each year than were graduating from college, getting divorced, or being diagnosed with cancer. In 2005, the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) became law. It made bankruptcy law much less debtor-friendly. Personal bankruptcy filings fell to 600,000 in 2006. This paper explores why personal bankruptcy rates rose, and will argue that the main reason is the growth of “revolving debt”—mainly credit card debt. It explains how the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 altered the conditions of bankruptcy. Finally, this essay considers the balances that need to be struck in a bankruptcy system and how the U.S. bankruptcy system strikes these balances in comparison with other countries. I argue that a less debtor-friendly bankruptcy policy should be accompanied by changes in bank regulation and truth-in-lending rules, so that lenders have a greater chance of facing losses when they supply too much credit or charge excessively high interest rates and fees.
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Piątek, Edyta Iwona. "Economic and legal aspects of personal bankruptcy." Economic and Environmental Studies 19, no. 3 (51) (December 20, 2019): 265–78. http://dx.doi.org/10.25167/ees.2019.51.3.
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When a new act on bankruptcy law entered into force on 1 January 2016, it introduced changes in the scope of personal bankruptcy. The article points to the economic aspects of legal solutions provided for in the new regulation for indebted natural persons, significant on a micro and macro scale. At the same time, it points to the problems in the personal bankruptcy procedure which had existed before the amended Act entered into force, and the problems encountered by debtors and courts in connection with these amendments. The article is based on the author's experience in preparing applications for filling for personal bankruptcy and interviews with the judges employed in the bankruptcy and restructuring section of District Courts. The results of conducted observations and interviews were compared to practical cases which are the subject of bankruptcy applications studied as part of the research project
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Saputra, Rian, and Resti Dian Luthviati. "Institutionalization of the Approval Principle of Majority Creditors for Bankruptcy Decisions in Bankruptcy Act Reform Efforts." Journal of Morality and Legal Culture 1, no. 2 (December 30, 2020): 104. http://dx.doi.org/10.20961/jmail.v1i2.46880.
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This study aims to determine the urgency of institutionalizing the principle of bankruptcy decisions that must be approved by the majority creditors with a test stone in the form of a bankruptcy decision Number: 04/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst then also to analyze the opportunities for institutionalizing the principle. mentioned in Indonesian law. This research is a normative legal research with an approach in the form of a conceptual approach, and a statute approach and a case approach. The results show that the urgency of applying the principle of "Approval of Bankruptcy Decisions Must be approved by Majority Creditors" in Indonesia is based on the Bankruptcy Decision Number: 04/Pdt.Sus-PKPU/2018/PN.Niaga.Jkt.Pst, in addition to following the development of global bankruptcy law. , also in order to provide justice to fellow creditors so that no creditor feels aggrieved in any future bankruptcy decisions. The principle itself requires that each bankruptcy decision be approved by at least 50% of the majority of creditors according to the number of claims (receivables), not the majority according to the number of people. Even though, the application for a bankruptcy statement was made by the Debtor himself, the bankruptcy decision should not have been taken by the court without the approval of the creditors or the majority of creditors. Also, the opportunity to apply this principle in Indonesia is very possible considering that the principle is in accordance with the character of the nation which clearly makes consensus & deliberation as an alternative in every problem that exists within the Indonesian nation, it is not wrong if this is also applied in the concept of the Bankruptcy Law in the future (das sein).
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Nishimura, Douglas S. "The Companies' Creditors Arrangement Act and the Petroleum Industry: The Blue Range Resource Corporation Proceedings." Alberta Law Review 39, no. 1 (August 1, 2001): 35. http://dx.doi.org/10.29173/alr508.
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This article provides an analysis of s. II of the Companies' Creditors Arrangement Act and the decisions arising out of the Blue Range litigation. While comparing the CCAA legislation with the Bankruptcy and Insolvency Act and the United States Bankruptcy Code the author analyzes the impact of the Blue Range Decisions on insolvency law and the petroleum industry.
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Polachová, Jana. "The some problems of bankruptcy proceedings in agriculture." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 53, no. 3 (2005): 163–70. http://dx.doi.org/10.11118/actaun200553030163.
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The problems discovered in the process of obtaining experiences from the application of the Bankruptcy Act, No. 328/1991 Gazette in the Czech Republic are of very specific nature in some fields of the economy and especially in the agriculture. The paper deals with problems connected with the property denominated as inventory of bankruptcy estate when bringing an action before courts. Further on, it deals with relationship between the property in bankruptcy estate and claims from proprietary restitution brought against this property according to the Property Restitution Act, No. 403/1990 Gazette, especially in agriculture.
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이상경. "A Comparative Study on the Possibility of Implanting a Municipality Bankruptcy System - Implications of the Municipality Bankruptcy Act (Chapter 9 of the Bankruptcy Act) of the United States -." Public Law Journal 13, no. 3 (August 2012): 155–75. http://dx.doi.org/10.31779/plj.13.3.201208.006.
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Geiger, Marshall A., and K. Raghunandan. "Bankruptcies, Audit Reports, and the Reform Act." AUDITING: A Journal of Practice & Theory 20, no. 1 (March 1, 2001): 187–95. http://dx.doi.org/10.2308/aud.2001.20.1.187.
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The Private Securities Litigation Reform Act (Reform Act) was enacted as law in 1995 and represents a major victory for the public accounting profession. Since audit reporting for publicly traded companies that enter bankruptcy continues to be of interest to legislators and the public, the Reform Act also includes audit reporting requirements regarding the auditor's assessments of a company's ability to continue as a going concern. This study examines the potential impact of the Reform Act on auditor reporting by examining audit reports for 383 bankrupt companies during the 1991–1998 period. The results indicate that, after controlling for financial stress, company size, default status, audit reporting lag and bankruptcy filing lag, auditors were less likely to have issued prior going-concern modified audit reports for bankrupt companies after the Reform Act.
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Himmelstein, David U., Robert M. Lawless, Deborah Thorne, Pamela Foohey, and Steffie Woolhandler. "Medical Bankruptcy: Still Common Despite the Affordable Care Act." American Journal of Public Health 109, no. 3 (March 2019): 431–33. http://dx.doi.org/10.2105/ajph.2018.304901.
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Athreya, Kartik B. "Welfare implications of the Bankruptcy Reform Act of 1999." Journal of Monetary Economics 49, no. 8 (November 2002): 1567–95. http://dx.doi.org/10.1016/s0304-3932(02)00176-9.
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Paik, Yongwook. "The Bankruptcy Reform Act of 2005 and Entrepreneurial Activity." Journal of Economics & Management Strategy 22, no. 2 (April 4, 2013): 259–80. http://dx.doi.org/10.1111/jems.12011.
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Boyes, William J., and Roger L. Faith. "Some Effects of the Bankruptcy Reform Act of 1978." Journal of Law and Economics 29, no. 1 (April 1986): 139–49. http://dx.doi.org/10.1086/467112.
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Dragojlović, Joko, Isidora Milošević, and Goran Stamenković. "Criminal act of causing bankruptcy: Specific characteristics and features." Pravo - teorija i praksa 36, no. 1-3 (2019): 16–30. http://dx.doi.org/10.5937/ptp1901016d.
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Budisidhabhiprodjo, Budisidhabhiprodjo. "Relevance Of Justice Value In Legal Protection Of Debtor In The Political Law Of Bankruptcy." Jurnal Akta 7, no. 1 (May 18, 2020): 103. http://dx.doi.org/10.30659/akta.v7i1.9768.
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In its development the business world requires the provision of capital loan services. However, the development of the need for capital in the business world is not balanced with protection for debtors. The existence of Articles 55 and 56 of Act Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, the position of debtor protection in the bankruptcy undertaken by a separatist creditor against the creditor becomes weak, this is due to the absence of legal remedies that can be done by the dbitur when bankruptcy has been declared effective against him. Therefore the issues that will be discussed in this journal are the legal protection system for debtors in bankruptcy politics, weaknesses in the legal protection system for debtors in bankruptcy political politics, and issues related to finding solutions through reforming the legal protection system for debtors in bankruptcy politics.The purpose of this research is to analyze the legal protection system for debtors in bankruptcy law politics; to analyze the weaknesses of the legal protection system for debtors in bankruptcy law politics; to find a solution through reforming the legal protection system for debtors in bankruptcy law politics.The research method used in this paper is a normative juridical approach. As for the research that has been done, it can be concluded that the existence of Article 55 and Article 56 of Act Number 37 of 2004 concerning Bankruptcy and Delaying Obligations of Debt Payment has resulted in injustice to debtors in the implementation of bankruptcy against debtors committed by creditors; So it is necessary to reform the implementation of debtor protection in the implementation of bankruptcy to debtors by the creditor by implementing a system of debtor protection in the implementation of bankruptcy to debtors based on Pancasila. Keywords: Debtor; Justice Value; Legal Protection; Legal Politics; Bankruptcy.
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Dewi, Luh Putu Ari Tiarna. "Eksekusi Hak Tanggungan Yang Dipailitkan." Acta Comitas 5, no. 1 (April 29, 2020): 100. http://dx.doi.org/10.24843/ac.2020.v05.i01.p09.
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The right of encumbrance is one kind of guarantees that the debtor can promise to the creditor. In fulfillment of achievements not close possible constraints experienced by debtor. A debtor can be declared bankrupt and may result in a loss of management rights to his/her assets. This raises the limitation of the execution rights of separatist creditors as stipulated in article 56 paragraph (1) of the Bankruptcy Act governing the suspension of the right to execute the warranty object. So it can be assumed that there is a conflict of norms between article 14 of the encumbrance right and article 55 paragraph (1) of the Bankruptcy Act with section article 56 paragraph (1) of the Bankruptcy Act. The focus of the problem of research is how to execute the right to comply with the act of Liability and the Bankruptcy Act? And is it fair for the holders of the rights and other creditors in the case of bankruptcy? The purpose of this study is to know how the right to execute the rights in accordance with the Encumbrance Rights and Bankruptcy Act and to know the justice of the debt collectors as the rightsholders with other creditors. The type of research is normative research. Conclusion is the Bankruptcy Act due to the nature of lex specialist on the execution of the guarantee in the case of bankruptcy and stay to protect all interests of the creditors recognized in a bankruptcy case.
Keywords: execution, encumbrance right, bankcrupty.
Abstrak
Hak Tanggungan merupakan salah satu jaminan kebendaan yang dapat dijanjikan oleh debitor kepada kreditor. Dalam pemenuhan prestasi tidak menutup kemungkinan adanya kendala-kendala yang dialami oleh debitor. Seorang debitor dapat dinyatakan pailit dan dapat berakibat hilangnya hak kepengurusan atas harta kekayaannya yang pastinya berdampak terhadap Hak Tanggungannya. Hal ini menimbulkan pembatasan hak eksekusi kreditor separatis sebagaimana diatur dalam Pasal 56 ayat (1) Undang-Undang Kepailitan yang mengatur penangguhan hak eksekusi obyek jaminan. Sehingga dapat diasumsikan adanya konflik norma antara pasal 14 Undang-Undang Hak Tanggungan dan pasal 55 ayat (1) Undang-Undang Kepailitan dengan pasal 56 ayat (1) Undang-Undang Kepailitan. Sehingga yang menjadi fokus permasalahan penelitian adalah bagaimana eksekusi hak tanggungan sesuai Undang-Undang Hak Tanggungan dan Undang-Undang Kepailitan? Dan apakah hal tersebut adil bagi si pemegang hak tanggungan dan kreditor lainnya dalam perkara kepailitan? Adapun tujuan pendalaman studi ini adalah untuk menyelami bagaimana eksekusi hak tanggungan sesuai Undang-Undang Hak Tanggungan dan Undang-Undang Kepailitan dan mengetahui keadilan bagi penagih utang selaku pemegang hak tanggungan dengan kreditor lainnya dengan melihat kerangka konsep adanya penangguhan hak. Jenis penelitian ini ialah penelitian normatif. Kesimpulan adalah eksekusi dijalankan sesuai dengan Undang-Undang Kepailitan dikarenakan sifatnya lex specialis atas eksekusi jaminan dalam perkara kepailitan dan adanya penangguhan hak untuk melindungi seluruh kepentingan para kreditor yang diakui dalam perkara kepailitan.
Kata Kunci: Eksekusi, Hak Tanggungan, Pailit.
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Akil, Cenk. "Determination of the Creditors and the Context of the Restructuring Project in Turkish Restructuring Law." German Law Journal 11, no. 3 (March 1, 2010): 331–46. http://dx.doi.org/10.1017/s2071832200018551.
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The enforcement and bankruptcy system in Turkey is principally regulated by the Code of Enforcement and Bankruptcy (CEB), Act Number 2004, which came into force on 4 September 1932. This Code mainly originates from the Swiss Federal Law on Debt Collection and Bankruptcy. During 2003 and 2004, several amendments were made to the CEB by Law Number 4949 and by Law Number 5092.
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Mahmudah, Siti, Siti Malikhatun Badriyah, and Bagus Rahmanda. "THE POSITION OF THE GUARANTOR IN RECONCILIATION ON THE BANKRUPTCY ACT ACCORDING TO THE LAW OF BANKRUPTCY IN INDONESIA." Diponegoro Law Review 3, no. 2 (October 30, 2018): 243. http://dx.doi.org/10.14710/dilrev.3.2.2018.243-256.
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The existence of the guarantor in the world of business is widely known and required in the business world. Guarantor is stipulated in the agreement of guarantor which states that the Guarantor will pay the debt of debtor to its creditor if the debtor do not pay. The debt fulfillment of debtor to creditor can be done through the Bankruptcy Act which ended with reconciliation. The purpose of this research is to examine the position of the Guarantor in reconciliation on the Bankruptcy Act according to the Law of Bankruptcy in Indonesia, with the problem of how the position of the guarantor against debt fulfillment of debtor which ended with reconciliation in bankruptcy in Indonesia, and as a result of the approval of reconciliation in the bankruptcy of the submission of the claim the statement of bankrupt guarantor. The approach used in this research is the normative juridical, with a descriptive specifications analysis with the type of secondary data through the study of primary, secondary and tertiary legal material library which is then analyzed by qualitative research. The reconciliation that passed in bankruptcy does not always result to receivables of the creditors being paid for. Based on the provisions of Article 165 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts,Guarantor will still be obligated to pay off the debtor's debts that are borne which can cause the guarantor privileged as the debtor so it can be filed for bankruptcy if fulfilled the provisions of Article 2 paragraph (1) Of Law No. 37 Of 2004 on Bankruptcy and Suspension of Obligation for Payment of Debts.
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van Donge, Jan Kees, and Athumani J. Liviga. "Tanzanian Political Culture and the Cabinet." Journal of Modern African Studies 24, no. 4 (December 1986): 619–39. http://dx.doi.org/10.1017/s0022278x00007230.
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THIS article aims to clarify the national political culture of Tanzania through an analysis of one important institution — the Cabinet. Although attention to the norms and rules that regulate political behaviour in formal and informal ways can reveal insights that are not disclosed by other approaches, political culture has been a neglected field in the study of African politics.By way of contrast, class analysis has been a popular approach to African politics in past decades.1 It has been shown, for instance, that those in government positions siphon off surplus from the peasantry through the marketing of agricultural produce. This has happended in countries as diverse as Ghana, Côte d'Ivoire, Malawi, and Tanzania, 2 where there are enormous differences in economic performance, as well as with respect to the way in which political conflicts are handled. People n similar class positions can act in a variety of ways – this is a matter of culture – because there is more than one possible logic with which to perceive and defend interests.
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Rukmono, Bambang Sugeng. "THE ROLE OF SUPERVISORY JUDGE IN THE BANKRUPTCY OF FOUNDATION." Yustisia Jurnal Hukum 8, no. 1 (April 27, 2019): 69. http://dx.doi.org/10.20961/yustisia.v0ixx.28000.
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<p>This article aims to find out how is the role of judges in overseeing the supervisory curator during the liquidation of the Foundation assets which is experiencing bankruptcy, as mandated in The Act No. 28 of 2004 about The Changes of Act no. 16 of 2001 about the Foundation and Act No. 37 of 2004 about Bankruptcy and Suspension of Payments of Debt. This Legal research is doctrinal and perspective. Source of the legal materials are used in the form of primary and secondary legal materials. The technique used in collecting the legal materials is study of librarianship. The technique used is analysis and interpretation of syllogism by using deductive thinking pattern. The results of the research and study produce a conclusion that these forms of control can be exercised by Supervisory Judge in supervising liquidation process while the curator of Foundation who has experienced bankruptcy is to provide licensing, approval, awarding, and proposal to curators in conducting the management and liquidation of bankrupt assets of foundation. Additional supervision conducted by Supervisory Judge is reporting responsibility of curator against the Builder ofthe Foundation regarding to the results of process of liquidation of Foundation’sassets which suffered bankruptcy. In addition, Supervisory Judge also examine the results of liquidation which is performed by curator over the clearing of the foundation’s assetswhich is experiencing bankruptcy.</p>
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Gross, Tal, Raymond Kluender, Feng Liu, Matthew J. Notowidigdo, and Jialan Wang. "The Economic Consequences of Bankruptcy Reform." American Economic Review 111, no. 7 (July 1, 2021): 2309–41. http://dx.doi.org/10.1257/aer.20191311.
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A more generous consumer bankruptcy system provides greater insurance against financial risks but may also raise the cost of credit. We study this trade-off using the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), which increased the costs of filing for bankruptcy. We identify the effects of BAPCPA on borrowing costs using variation in the effects of the reform across credit scores. We find that a one-percentage-point reduction in bankruptcy filing risk decreased credit card interest rates by 70–90 basis points. Conversely, BAPCPA reduced the insurance value of bankruptcy, with uninsured hospitalizations 70 percent less likely to obtain bankruptcy relief after the reform. (JEL D18, G15, I13, K35)
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Мухаматьянов, Р. Р., and С. Ю. Павлов. "Преднамеренное банкротство в Российской Федерации." ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ 70, no. 6 (2021): 70–72. http://dx.doi.org/10.18411/lj-02-2021-215.
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This article is devoted to the specifics of deliberate bankruptcy in the Russian Federation. Deliberate bankruptcy is a socially dangerous act, which is quite difficult to identify, since such acts are of a continuing nature. Deliberate bankruptcy is given a form that formally corresponds to the current legislation, which significantly complicates the identification of offenses and acts that have taken place. The article analyzes the difficulties in identifying intentional bankruptcy and offers its own ideas for reducing the number of intentional bankruptcies in the Russian Federation.
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Shubhan, M. Hadi. "THE UTILIZATION OF UNWRITTEN LAWS IN BANKRUPTCY DISPUTES." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 8, no. 1 (May 15, 2019): 85. http://dx.doi.org/10.33331/rechtsvinding.v8i1.299.
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<p><em>Unwritten laws hold a strategic role in bankruptcy dispute settlement, both in the act of bankruptcy and in the management and settlement of a bankruptcy estate after the debtor is declared bankrupt.</em><em>This paper will discuss </em><em>about the characteristics of Indonesia bankruptcy law and </em><em>the legal basis and theoretical basis for the possibility of using unwritten law in bankruptcy cases. </em><em>This research employed a doctrinal legal research method with a statute approach, a conceptual approach, and a case approach</em><em>. </em><em>In Article 8 paragraph (6) of Law No. 37 of 2004 made it possible for judges to use an unwritten law as the basis in deciding on act of bankruptcy. Similarly, in regard to the management and settlement of a bankruptcy estate, some norms provide some space for the supervisory judge's and curators to make a decision or take action based on the principles of unwritten justice. In a number of court decisions, the law has also not been written down in consideration of its law</em><em>.</em></p>
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Wijayanta, Tata. "DEADLINE SETTLEMENT OF PETITION FOR DECLARATION OF BANKRUPTCY BEFORE THE COMMERCIAL COURT AND THE LEGAL CONSEQUENCES ACCORDING TO LAW NUMBER 37 OF 2004 ON BANKRUPTCY AND SUSPENSION OF DEBT PAYMENT OBLIGATIONS." Yustisia Jurnal Hukum 7, no. 3 (December 31, 2018): 519. http://dx.doi.org/10.20961/yustisia.v7i3.15282.
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<p>This study aimed to identify and analyze (1) the regulation regarding the deadline for applications of bankruptcy, (2) the practice of the deadline regulation, and (3) the legal consequences when they do not heed the deadline. This research is a normative legal research supported by interviews with informants. The data were collected through documentation method with document study tool, while the data from the informants were collected through interviews by using interview manual tool. The secondary data were analyzed by content analysis with statute approach, while the analysis of the interview data was conducted through a qualitative analysis. The results and discussion show that the Bankruptcy and PKPU Act applies because the previous bankruptcy regulation was not effective because it did not regulate the deadline for settling bankruptcy, so that it’s a long period of time. The regulation of deadline for bankruptcy settlement in 2015 was largely complied with the provisions of law. 87% of the verdicts (14 out of 16 verdicts) were made within less than 60 days, while 13% (2 verdicts) were made beyond the time period specified by law. The Bankruptcy and PKPU Act does not regulate any legal sanctions/effects in relation to the deadline for judges who handle bankruptcy petitions, however, the common sanctioning relates to the assessment of the judges’ performance.</p>
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Suwardi, Suwardi, and Widyawati Boediningsih. "Bankruptcy Statement And The Law Consequences." SPIRIT OF SOCIETY JOURNAL 1, no. 2 (March 19, 2018): 145–58. http://dx.doi.org/10.29138/scj.v1i2.600.
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Problems bankruptcy it is important in gave a legal certainty related to wealth of company .The certainty applied with article 22 bankruptcy code who said that since decision statement of bankruptcy spoken each a lawsuit who carried out by third not going to be covered unless that thing it would bring terms of advantages wealth it self. It is also the act of bankruptcy winners give rights to creditors and parties that other concerned parties to ask for a request for the cancellation of over legal action a debtor.
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Yuhelson, Yuhelson, and Muhamad Adystia Sunggara. "The Curator Responsibility of the Loss of Wealth Bankrupt Limited Company." Proceeding of Community Development 2 (February 21, 2019): 37. http://dx.doi.org/10.30874/comdev.2018.74.
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Curators can be personally liable if they make a mistake or negligence outside the provisions of the Bankruptcy Act and PKPU which causes losses to bankrupt assets. If the curator has carried out his duties in accordance with the provisions of the Bankruptcy Act and PKPU, then if a loss arises from bankruptcy, he does not have to be personally liable and the loss will be charged to the bankrupt assets. In connection with the personal responsibility of the curator, in addition to being able to be held accountable civilly it is possible for the curator's actions to be held criminally accountable. In addition, administrative sanctions can also be imposed on the curator. It should be borne in mind that as long as the curator carries out his duties and authorities in accordance with the provisions of the Bankruptcy and PKPU Law, he should not be sued either civilly, criminally or subject to administrative sanctions even if his actions cause losses to bankrupt assets.
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Askew, Kelly, Faustin Maganga, and Rie Odgaard. "OF LAND AND LEGITIMACY: A TALE OF TWO LAWSUITS." Africa 83, no. 1 (January 22, 2013): 120–41. http://dx.doi.org/10.1017/s0001972012000745.
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ABSTRACTThrough a comparative analysis of two recent Tanzanian lawsuits concerning pastoralist–farmer disputes over land, this article argues that the judicial system is being employed as a vehicle for legitimizing dispossession. Wealthy elites who find their efforts to acquire vast tracts of land thwarted by protective mechanisms in the Land Act No. 4 of 1999 and Village Land Act No. 5 of 1999 are turning to the courts to get what they want. Having access to deeper pockets and being able to out-lawyer and out-manoeuvre their poorer and often less-educated opponents enables elites (including the government itself) to avail themselves of the judicial system and acquire land through illegitimate means. Yet our analysis also illustrates that Tanzanian courts at times act independently of political influence and secure property rights for at least some of the dispossessed. An unusual mix of conflicting pressures and key personalities in these two cases coalesced to produce unexpected outcomes in favour of the Maasai defendants, whose land and legitimacy were on the line. Winning, however, came at considerable cost.
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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 lengthy bankruptcy proceedings and a violation of the right to a fair trial within a reasonable time. The subject matter of analysis in this paper is the right to a trial within a reasonable time in bankruptcy cases. For that purpose, the authors examine the case law of the Commercial Court in Niš in the period from the beginning of 2016 to the end of 2019, particularly focusing on the bankruptcy cases in which complaints (objections) were filed for the protection of the right to a fair trial within a reasonable time. The aim of the research is to examine whether the objection, as an initial act, is a suitable instrument for increasing the efficiency of the bankruptcy proceeding, or whether it only serves to satisfy the interests of creditors. The authors have also examined whether this remedy affects the overall costs and duration of the bankruptcy proceeding. The main finding is that there is an increasing number of objections in the Commercial Court in Niš, which still does not affect the length and costs of bankruptcy. This trend is not only the result of inactivity of the court and the complexity of certain cases but also of numerous external factors, the most prominent of which is the work of some state bodies.
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Mahoney, Neale. "Bankruptcy as Implicit Health Insurance." American Economic Review 105, no. 2 (February 1, 2015): 710–46. http://dx.doi.org/10.1257/aer.20131408.
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This paper examines the implicit health insurance that households receive from the ability to declare bankruptcy. Exploiting multiple sources of variation in asset exemption law, I show that uninsured households with a greater financial cost of bankruptcy make higher out-of-pocket medical payments, conditional on the amount of care received. In turn, I find that households with greater wealth at risk are more likely to hold health insurance. The implicit insurance from bankruptcy distorts the insurance coverage decision. Using a microsimulation model, I calculate that the optimal Pigovian penalties are three-quarters as large as the average penalties under the Affordable Care Act. (JEL D14, H51, I13, K35)
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Bass, Lisa, and Cynthia Gerstl-Pepin. "Declaring Bankruptcy on Educational Inequity." Educational Policy 25, no. 6 (December 31, 2010): 908–34. http://dx.doi.org/10.1177/0895904810386594.
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The authors consider Ladson-Billings’ (2006) charge to reframe the way the ‘achievement gap’ is viewed, and put forth the metaphor of “bankruptcy” as a way to acknowledge the educational debt and educational inequity and move towards debt forgiveness in public education. Specifically, the bankruptcy metaphor is used to examine the debt embedded in the historical progression of federal school reform policy including the No Child Left Behind (NCLB) act. Acknowledging this debt requires valuing and supporting children and their families through educational policy that supports equity. The authors assert that reconciliation of the debt requires working across disciplines and agencies to address the larger community issues surrounding educational inequities.
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Cordeau, Michel. "L'article 107 de la Loi sur la faillite et les droits des différents créanciers." Le prêt commercial 28, no. 4 (April 12, 2005): 917–38. http://dx.doi.org/10.7202/042847ar.
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Section 107 of the Bankruptcy Act of Canada establishes an order of collocation of creditors in a bankruptcy which comes in conflict with the order of collocation set out in many provincial statutes, and in particular, with that set out in the Quebec Civil Code for privileges. This has resulted in numerous court debates between creditors and trustees of the bankruptcy as between different categories of creditors who have seen their rank either lowered or elevated by the application of section 107. In the first part of this article, the author examines the categories of creditors concerned by this inversion, being mainly : the landlords, the Crown and Workmen's Compensation Boards. The second part of this article focuses on conflicts between secured creditors under provincial law and preferred creditors under the Bankruptcy Act. The author emphasises the differences that evolved between Quebec case law and the case law of other provinces particularily as to the scope of application of section 107 when there is a conflict between a secured lender and a lien claimant affected by section 107, on property of the bankrupt in which the trustee in bankruptcy has little or no interest.
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Dukić-Mijatović, Marijana, and Ozren Uzelac. "Origin and legal regulation of the second chance for entrepreneurs in the European Union." Strani pravni zivot, no. 1 (2021): 91–104. http://dx.doi.org/10.5937/spz65-28236.
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In the history of human civilization, there has always been the problem of overindebtedness and personal bankruptcy, as well as the tendency to protect such persons to some extent from excessive sanctions or the consequences of their insolvency. Benevolence towards the debtor is limited by the existence of conditions of conscientiousness and honesty of the debtor in all legal systems, while the amount of debt forgiveness is different. Debt relief and providing a new chance to the entrepreneur is a kind of systemic social measure that should ensure the employment of the individual and his family, but also to ensure the continuity of the capitalist system. It is noticeable that benevolence towards the debtor through debt relief was a characteristic of the Anglo-Saxon jurisdictions, while the regulations of the states of legal systems based on Roman law were traditionally oriented in the opposite direction. Although the Republic of Serbia has regulated the matter of bankruptcy and reorganization, in many parts under the EU Directive on reorganization and bankruptcy from June 2019, it has not been the case with the area of the second chance for the entrepreneur and the possibility of debt release, so it will be necessary to adjust national regulations of bankruptcy. In this paper, the authors analyze the origin of debt forgiveness in case of entrepreneur bankruptcy through history and theories, and select the comparative law and provisions of the EU Directive on reorganization and bankruptcy which regulate the second chance for entrepreneurs, as well as the purpose and measures that preceded the adoption of this Directive. Another important possibility for insolvent entrepreneurs is their personal administration with bankruptcy estate during the process of reorganization. Entrepreneurs' personal administration is regulated by bankruptcy legislation in various ways in comparative legal systems, and in Serbian law, it had been regulated for the first time by the Bankruptcy Procedure Act of 2004, but repealed by the Bankruptcy Act in 2009. Taking into account its importance for the national bankruptcy law, Serbian legal theory has already given the reasons due to which it is necessary to reintroduce the institute of personal administration of debtors into domestic bankruptcy law. On the other hand, sole debt release in Serbian law comes into effect at the moment the creditor declares to the debtor that he will not ask for the fulfillment of the debt and the debtor agrees with that, and such an agreement is made in writing. Debt release is a possibility provided in the Agreed Financial Restructuring Act 2015 that creditor and debtor may use during the process of reorganization, provided they reach an agreement to that end.
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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 (December 1, 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 preferred creditors and ranked pari passu with, or even lower than, unsecured creditors in a rehabilitation or liquidation proceeding. Under present law, this risk may arise through the “substantive consolidation” and “clawback” provisions of the Financial Rehabilitation and Insolvency Act (FRIA) of 2010. This risk is mitigated through the creation of a bankruptcy remote vehicle and true sale of receivables, and it is the lawyer’s principal role in the securitization process to isolate or ring-fence assets beyond the reach of creditors, and making them an exclusive claim of investors. How this works in theory and practice is the subject of this paper.
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Hansen, Bradley. "Commercial Associations and the Creation of a National Economy: The Demand for Federal Bankruptcy Law." Business History Review 72, no. 1 (1998): 86–113. http://dx.doi.org/10.2307/3116596.
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Throughout the nineteenth century, merchants and manufacturers involved in interstate commerce sought federal bankruptcy legislation to overcome diverse and discriminatory state laws that raised the cost of credit and impeded interstate trade. In the last two decades of the nineteenth century, they formed a national organization to lobby for bankruptcy legislation. While many scholars have seen the passage of federal bankruptcy legislation as a response to the economic depression of the 1890s, this article shows that it was the formation of this national organization, rather than the economic crisis, that was the primary force behind the Bankruptcy Act of 1898.
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Johnson, Meredith. "At the Intersection of Bankruptcy and Divorce: Property Division Debts under the Bankruptcy Reform Act of 1994." Columbia Law Review 97, no. 1 (January 1997): 91. http://dx.doi.org/10.2307/1123448.
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Posner, Eric A. "The Political Economy of the Bankruptcy Reform Act of 1978." Michigan Law Review 96, no. 1 (October 1997): 47. http://dx.doi.org/10.2307/1290141.
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Hackbarth, Dirk, Rainer Haselmann, and David Schoenherr. "Financial Distress, Stock Returns, and the 1978 Bankruptcy Reform Act." Review of Financial Studies 28, no. 6 (February 3, 2015): 1810–47. http://dx.doi.org/10.1093/rfs/hhv009.
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Kwak, Wikil, Xiaoyan Cheng, and Jinlan Ni. "Predicting Bankruptcy After The Sarbanes-Oxley Act Using Logit Analysis." Journal of Business & Economics Research (JBER) 10, no. 9 (August 17, 2012): 521. http://dx.doi.org/10.19030/jber.v10i9.7192.
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<span style="font-family: Times New Roman; font-size: small;"> </span><p style="margin: 0in 0.5in 0pt; text-align: justify; mso-pagination: none;" class="MsoBodyText"><span style="font-family: Times New Roman;"><span style="color: black; font-size: 10pt; mso-themecolor: text1;">Our study proposes </span><span style="color: black; font-size: 10pt; mso-themecolor: text1; mso-fareast-language: KO;">firm bankruptcy prediction using </span><span style="color: black; font-size: 10pt; mso-themecolor: text1;">logit analysis a</span><span style="color: black; font-size: 10pt; mso-themecolor: text1; mso-fareast-language: KO;">fter the passage of the Sarbanes-Oxley (SOX) Act </span><span style="color: black; font-size: 10pt; mso-themecolor: text1;">using </span><span style="color: black; font-size: 10pt; mso-themecolor: text1; mso-fareast-language: KO;">2008-2009 U.S. </span><span style="color: black; font-size: 10pt; mso-themecolor: text1;">data.<span style="mso-spacerun: yes;"> </span>The results of our logit analysis show an 80% (90% with one year before bankruptcy data) prediction accuracy rate using financial </span><span style="color: black; font-size: 10pt; mso-themecolor: text1; mso-fareast-language: KO;">and other </span><span style="color: black; font-size: 10pt; mso-themecolor: text1;">data from the 10-K report in the post-SOX period.</span><span style="color: black; font-size: 10pt; mso-themecolor: text1; mso-fareast-language: KO;"><span style="mso-spacerun: yes;"> </span>This prediction rate is comparable to other data mining tools.<span style="mso-spacerun: yes;"> </span>Overall, our results show that, as compared to the </span><span style="color: black; font-size: 10pt; mso-themecolor: text1; mso-fareast-font-family: Batang; mso-fareast-language: KO;">prediction rates documented by other bankruptcy studies before SOX,</span><span style="color: black; font-size: 10pt; mso-themecolor: text1; mso-fareast-language: KO;"> firm bankruptcy prediction rates have improved since the passage of SOX.</span><span style="color: black; font-size: 10pt; mso-themecolor: text1; mso-fareast-font-family: Batang; mso-fareast-language: KO;"> Our findings shed light on the benefits of SOX by providing evidence that legislation makes the financial reporting more informative. This study is important for regulators to implement public policy.<span style="mso-spacerun: yes;"> </span>Investors may be interested in our findings to better assess company risk when making portfolio decisions.<span style="mso-spacerun: yes;"> </span></span></span></p><span style="font-family: Times New Roman; font-size: small;"> </span>
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Kwak, Wikil, Yong Shi, and Gang Kou. "Predicting Bankruptcy After The Sarbanes-Oxley Act Using The Most Current Data Mining Approaches." Journal of Business & Economics Research (JBER) 10, no. 4 (March 23, 2012): 233. http://dx.doi.org/10.19030/jber.v10i4.6899.
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Our study proposes several current data mining methods to predict bankruptcy after the Sarbanes-Oxley Act (2002) using 2007-2008 U.S. data. The Sarbanes-Oxley Act (SOX) of 2002 was introduced to improve the quality of financial reporting and minimize corporate fraud in the U.S. Because of this SOX implementation, a companys financial statements are assumed to provide higher quality financial information for investors and other stakeholders. The results of our data mining approaches in our bankruptcy prediction study show that Bayesian Net method performs the best (85% overall prediction rate with 94% in AUC), followed by J48 (85% with 82% AUC), Decision Table (83.52%), and Decision Tree (82%) methods using financial and other data from the 10-K report and Compustat. These results are better than previous bankruptcy prediction studies before the SOX implementation using most current data mining approaches.
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Sukardi, Didi. "THE LEGAL RESPONSIBILITY OF DEBTOR TO PAYMENT CURATORS IN BANKRUPTCY SITUATION." Jurnal Pembaharuan Hukum 8, no. 2 (July 1, 2021): 142. http://dx.doi.org/10.26532/jph.v8i2.15905.
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The Law on Bankruptcy and the Obligation to Postpone Debt Payment does not explicitly stipulate that the obligation to pay the Curator's fee is borne by the Applicant, the Debtor or the Applicant and the Debtor jointly. The obligation to pay the curator fee is imposed through the determination of the Court of Judges who decides the bankruptcy case on the Curator's Application based on the details submitted by the Curator after hearing the considerations of the Supervisory Judge. The approach method used is a normative juridical approach the curator fees. according to Act No. 37 of 2004 concerning Bankruptcy and the Obligation to Postpone Debt Payment is not absolute, because the obligation to pay the Curator's fee can be imposed on the Applicant for the Declaration of Bankruptcy, the Bankrupt Debtor, or on the Petitioner for the Declaration of Bankruptcy and the Debtor for Bankruptcy jointly through the Determination of the Panel of Judges who decides the Bankruptcy Application.
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Ganindha, Ranitya. "Direksi Sebagai Penjamin Perorangan Dalam Hal Kepailitan Pada Perseroan Terbatas." Widya Yuridika 3, no. 2 (November 27, 2020): 305. http://dx.doi.org/10.31328/wy.v3i2.1673.
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The commitment of individual maintenance or personnel guaranntor often leads to rights removal of the personal guarantor so that an offense from the personal guarantor leads to bankruptcy. In some cases, for example in the case that happened to PT Hardy, the position of the personal guarantee which was initially intended as a guarantor that the debtor would pay off all his debts to the creditor, then his position could change to become like the main debtor who could be sued to be responsible for debt repayment without having to do confiscated in advance of the bankruptcy assets owned by the main debtor. The main problem to be examined is how the position of the board of directors who act as a personal guarantee issue in the bankruptcy of a limited company. The purpose of writing this journal is to analyze the legal position of the directors who act as personal guarantees in the event of bankruptcy. This journal is a normative juridical research, with a statute approach and a case approach. This journal analyzes that it has not been specifically regulated in the Indonesian Bankruptcy Law, the position of the Personal Guarantor or individual guarantor in the event of bankruptcy. This journal also finds that Personal Guarantor can turn into a debtor and be bankrupt when the guarantee agreement states explicitly that the guarantor has given up his privileges while the main debtor cannot fulfill his agreement which can make the guarantor a debtor and can be filed for bankruptcy against him. In a Limited Company, the Board of Directors as a personnel officer who has been declared to have lost the right to dominate and take care of his wealth which is included in bankruptcy property and it can be confiscated if it has been decided by the commercial Court.
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Aprita, Serlika. "ASAS KELANGSUNGAN USAHA SEBAGAI LANDASAN FILOSOFIS PERLINDUNGAN HUKUM BAGI DEBITOR PAILIT SEHUBUNGAN TIDAK ADANYA INSOLVENCY TEST DALAM PENYELESAIAN SENGKETA KEPAILITAN." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 17, no. 2 (February 22, 2018): 153–79. http://dx.doi.org/10.19109/nurani.v17i2.1842.
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In its development, the Bankruptcy Law in theory and practice did not progress significantly and it was until 1998 and replaced by a new one, which on October 18, 2004 legalized bankruptcy law and postponement of debt obligations have a wider scope, this is necessary because of the development and legal needs in the community while the provisions that have been applied is not sufficient as a legal means to solve the problem of accounts receivable in a fair, fast, open, and effective. One of them concerning the requirement to declare a bankrupt debtor as stipulated in the provisions of Article 2 paragraph 1 that there is no provision that requires the debtor to be insolvency, this is certainly contrary to the universal philosophy of the Bankruptcy Act that provides a way out for debtors and creditors when the debtor is in a state unable to pay its debts. The absence of this insolvency test shows that the Bankruptcy Act is dominant in protecting the interests of creditors. In order to have a clear philosophical foundation, the concept of business continuity principles should be included in the future Article of Bankruptcy Regulation so as to enable debtor and creditors to pursue debt settlement fairly, quickly, openly and effectively. The type of research in the writing of this journal is prescriptive normative legal research.
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Čolović, Vladimir. "Bankruptcy of Natural Persons // Stečaj fizičkih lica." Годишњак факултета правних наука - АПЕИРОН 7, no. 7 (July 27, 2017): 5. http://dx.doi.org/10.7251/gfp1707005c.
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The bankruptcy of natural persons or personal bankruptcy differs from the bankruptcy of companies. The two most important elements of personal bankruptcy are the personal management and the exemption of the remaining debts. The main characteristic of personal management is that the debtor, under the supervision of the trustee, manages its assets. The basic question is whether the personal management is a form of reorganization or not. The exemption of the remaining debts is the main purpose of personal bankruptcy. This institute is connected with the certain conditions and terms. The purpose of the personal bankruptcy is the assistance provided to the debtor-natural person in order to fulfill its obligations. In the procedure of the personal bankruptcy is applied, in addition to the general rules of bankruptcy procedure, the special rules that bind to the character of the debtor. We must distinguish the natural person - debtors who are engaged in a business carried on from the “ordinary” citizen – consumer. The paper analyzes and criticizes the regulation of the bankruptcy of natural persons in the Act of Bankruptcy of the Republic of Srpska, which defines the partner and complementary as the debtors. Attention is, also, paid to the legislation of Croatia in this area, as well as to the models of regulation of personal bankruptcy in Anglo-Saxon and continental law.
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Caswell, Kyle J., and Timothy A. Waidmann. "The Affordable Care Act Medicaid Expansions and Personal Finance." Medical Care Research and Review 76, no. 5 (September 16, 2017): 538–71. http://dx.doi.org/10.1177/1077558717725164.
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Using a novel data set from a major credit bureau, we examine the early effects of the Affordable Care Act Medicaid expansions on personal finance. We analyze less common events such as personal bankruptcy, and more common occurrences such as medical collection balances, and change in credit scores. We estimate triple-difference models that compare individual outcomes across counties that expanded Medicaid versus counties that did not, and across expansion counties that had more uninsured residents versus those with fewer. Results demonstrate financial improvements in states that expanded their Medicaid programs as measured by improved credit scores, reduced balances past due as a percent of total debt, reduced probability of a medical collection balance of $1,000 or more, reduced probability of having one or more recent medical bills go to collections, reduction in the probability of experiencing a new derogatory balance of any type, reduced probability of incurring a new derogatory balance equal to $1,000 or more, and a reduction in the probability of a new bankruptcy filing.
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Aaron, Richard I. "Collection of Gambling Debts and the Bankruptcy Reform Act of 2005." Gaming Law Review 9, no. 4 (August 2005): 299–313. http://dx.doi.org/10.1089/glr.2005.9.299.
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Alanis, Emmanuel, and Margot Quijano. "Investment-cash flow sensitivity and the Bankruptcy Reform Act of 1978." North American Journal of Economics and Finance 48 (April 2019): 746–56. http://dx.doi.org/10.1016/j.najef.2018.08.004.
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