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Academic literature on the topic 'Bankruptcy'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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Journal articles on the topic "Bankruptcy"

1

CARLOS, ANN M., EDWARD KOSACK, and LUIS CASTRO PENARRIETA. "Bankruptcy, Discharge, and the Emergence of Debtor Rights in Eighteenth-Century England." Enterprise & Society 20, no. 2 (October 16, 2018): 475–506. http://dx.doi.org/10.1017/eso.2018.69.

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Bankruptcy is a precise legal process defining, ex ante,the rules for allocation of assets when debtors fail to repay their legally constituted debts. Ultimately, these rules determine willingness to lend and to borrow, and thus economic growth. In 1706, Parliament in England passed a bankruptcy statute that allowed, for the first time, bankrupts to exit the state of bankruptcy prior to full repayment of all debts. This represented a fundamental change in English bankruptcy rules: creditors could now choose to discharge a bankrupt. Obviously, bankrupts benefitted from such a discharge, but creditors could also benefit from greater asset revelation. We document that discharge was quickly adopted, and estimate that many bankrupts received a second chance in business.

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Syed Nor, Sharifah Heryati, Shafinar Ismail, and Bee Wah Yap. "Personal bankruptcy prediction using decision tree model." Journal of Economics, Finance and Administrative Science 24, no. 47 (April 29, 2019): 157–70. http://dx.doi.org/10.1108/jefas-08-2018-0076.

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Purpose Personal bankruptcy is on the rise in Malaysia. The Insolvency Department of Malaysia reported that personal bankruptcy has increased since 2007, and the total accumulated personal bankruptcy cases stood at 131,282 in 2014. This is indeed an alarming issue because the increasing number of personal bankruptcy cases will have a negative impact on the Malaysian economy, as well as on the society. From the aspect of individual’s personal economy, bankruptcy minimizes their chances of securing a job. Apart from that, their account will be frozen, lost control on their assets and properties and not allowed to start any business nor be a part of any company’s management. Bankrupts also will be denied from any loan application, restricted from travelling overseas and cannot act as a guarantor. This paper aims to investigate this problem by developing the personal bankruptcy prediction model using the decision tree technique. Design/methodology/approach In this paper, bankrupt is defined as terminated members who failed to settle their loans. The sample comprised of 24,546 cases with 17 per cent settled cases and 83 per cent terminated cases. The data included a dependent variable, i.e. bankruptcy status (Y = 1(bankrupt), Y = 0 (non-bankrupt)) and 12 predictors. SAS Enterprise Miner 14.1 software was used to develop the decision tree model. Findings Upon completion, this study succeeds to come out with the profiles of bankrupts, reliable personal bankruptcy scoring model and significant variables of personal bankruptcy. Practical implications This decision tree model is possible for patent and income generation. Financial institutions are able to use this model for potential borrowers to predict their tendency toward personal bankruptcy. Social implications Create awareness to society on significant variables of personal bankruptcy so that they can avoid being a bankrupt. Originality/value This decision tree model is able to facilitate and assist financial institutions in evaluating and assessing their potential borrower. It helps to identify potential defaulting borrowers. It also can assist financial institutions in implementing the right strategies to avoid defaulting borrowers.

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Rizqy Fajrian, Muhammad, and Adi Sulistiyono. "Tinjauan Yuridis Pailitnya PT. Merpati Nusantara Airlines Persero Akibat Kelalaian Terhadap Perjanjian Damai." PLEDOI (Jurnal Hukum dan Keadilan) 2, no. 2 (September 30, 2023): 171–79. http://dx.doi.org/10.56721/pledoi.v2i2.239.

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Law No. 37/2004 on Bankruptcy and PKPU has regulated the bankruptcy and PKPU process for SOEs, where the Ministry of Finance is authorized to file bankruptcy applications. The problem that the author wants to raise regarding the differences in the bankruptcy of BUMN Persero, in this discussion is the bankruptcy case of PT Merpati Nusantara Airlines (PT MNA). Based on the explanation of the Bankruptcy and PKPU Law article 2 paragraph (5), it is stated that BUMNs that can be bankrupted by the minister of finance are BUMNs whose capital is not divided into shares or BUMN Perum, while in practice at the trial the bankruptcy of PT MNA was canceled on the grounds that the BUMN (Persero) could only be bankrupted by the Minister of Finance. Whereas BUMN Persero is subject to the Limited Liability Company Law and is also subject to the Limited Liability Company Law, this is because the arrangements regarding the bankruptcy of BUMN are still overlapping, resulting in inconsistencies in the decisions of judges in examining and deciding BUMN bankruptcy cases. The writing of this article uses normative legal research, using primary legal sources, namely the Bankruptcy Law, Limited Liability Company Law and BUMN Law. The data collection technique in this research is a literature study, namely collecting primary legal materials by tracing laws and regulations related to the position of bankrupt BUMN Persero. Furthermore, secondary legal materials are obtained by collecting books, scientific papers, and journals relevant to the author's research. Using deductive pattern as an analysis method by connecting major and minor premises. The result of this research is that PT MNA, even though it is a Persero SOE and its shares are 100% owned by the government, can still be bankrupted by anyone other than the minister of finance as long as it meets the bankruptcy requirements and the bankruptcy decision of PT MNA which is in accordance with the Bankruptcy and PKPU Law is based on 2 articles of the PKPU Law, namely Article 170 paragraph (1) and Article 291 paragraph (2).

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Dickfos, Jennifer, Catherine Brown, and Jason Bettles. "Superannuation and Bankruptcy: Is there a Mid-Life Crisis Looming?" QUT Law Review 17, no. 1 (October 13, 2017): 114. http://dx.doi.org/10.5204/qutlr.v17i1.708.

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Research suggests that Australian bankrupts are increasingly older, have professional backgrounds and generally enjoy higher levels of income than has previously been the case. Significantly, available data also indicates that the numbers of persons entering into bankruptcy hold greater levels of real property, and associated mortgage debt, than in previous decades. Given these trends, the importance of protecting superannuation funds becomes paramount to a bankrupt. However, this paper argues that there is a need to balance the protected asset status of superannuation funds with other objectives, such as achieving a fair distribution of the bankrupt’s assets among creditors. This paper examines the extent to which this balance is achieved, particularly in the context of self-managed superannuation funds.

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Lukason, Oliver, and Kaspar Käsper. "Failure prediction of government funded start-up firms." Investment Management and Financial Innovations 14, no. 2 (August 7, 2017): 296–306. http://dx.doi.org/10.21511/imfi.14(2-2).2017.01.

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This study aims to create a prediction model that would forecast the bankruptcy of government funded start-up firms (GFSUs). Also, the financial development patterns of GFSUs are outlined. The dataset consists of 417 Estonian GFSUs, of which 75 have bankrupted before becoming five years old and 312 have survived for five years. Six financial ratios have been calculated for one (t+1) and two (t+2) years after firms have become active. Weighted logistic regression analysis is applied to create the bankruptcy prediction models and consecutive factor and cluster analyses are applied to outline the financial patterns. Bankruptcy prediction models obtain average classification accuracies, namely 63.8% for t+1 and 67.8% for t+2. The bankrupt firms are distinguished with a higher accuracy than the survived firms, with liquidity and equity ratios being the useful predictors of bankruptcy. Five financial patterns are detected for GFSUs, but bankrupt GFSUs do not follow any distinct patterns that would be characteristic only to them.

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Pratama, Gede Aditya, Nina Zainab, and Heru Siswanto. "LEGAL REMEDIES AGAINST BANKRUPTCY DECISION FOLLOWING CONSTITUTIONAL COURT DECISION NO. 23/PUU-XIX/2021." Jurnal Bina Mulia Hukum 7, no. 2 (March 31, 2023): 216–30. http://dx.doi.org/10.23920/jbmh.v7i2.1060.

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Bankruptcy is a legal institution created as a way out of debt problems that befall debtors. The bankruptcy mechanism consists of the Postponement of Debt Payment Obligations (Penundaan Kewajiban Pembayaran Utang/PKPU) and bankruptcy itself. These two mechanisms have different legal consequences, especially regarding the available legal remedies, which differ between bankruptcy rulings originating from PKPU applications and those originating from bankruptcy applications. The available legal remedies also differ between bankruptcy rulings originating from applications submitted by debtors and those submitted by creditors. Constitutional Court Decision No. 23/PUU-XIX/2021 has changed the legal remedies provisions in Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations. Prior to the Constitutional Court's decision, there was no opportunity for debtors to file legal remedies against a bankruptcy ruling caused by the rejection of a peace agreement due to the failure to reach an agreement in the PKPU process. However, after the issuance of Constitutional Court Decision No. 23/PUU-XIX/2021, this has changed with the opening of the opportunity for legal remedies in the form of cassation against a bankruptcy ruling due to the rejection of a peace agreement because an agreement was not reached in the PKPU process. It is important to avoid the PKPU process being used as a means to bankrupt debtors who are still solvent but are bankrupted because there are interests of business competition involved.

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Kopczyński, Paweł. "Bankruptcy risk assessment of Polish listed companies using Asian multiple discriminant analysis models." Zeszyty Teoretyczne Rachunkowości 46, no. 2 (June 28, 2022): 69–96. http://dx.doi.org/10.5604/01.3001.0015.8810.

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Purpose: The main purpose of this article is to evaluate whether multiple discriminant analysis models developed in Malaysia to forecast the bankruptcy of Malaysian indus-trial companies and Singaporean companies can be useful in assessing the risk of bank-ruptcy of Polish listed companies. Methodology/approach: To test the efficacy of these discriminant models, the finan-cial statements of 25 bankrupt Polish companies and 25 viable companies were used. The accuracy of the classification of these enterprises into two groups (potential bank-ruptcy and companies able to survive on the market) was analyzed using the models developed to forecast the bankruptcy of Malaysian and Singaporean companies. Z-scores for each model were calculated for one year, two years, and three years prior to bankruptcy. Findings: The model developed to forecast the bankruptcy of Malaysian industrial companies correctly classified bankrupted Polish listed companies. However, it incor-rectly classified a large percentage of non-bankrupt companies. The Singaporean model accurately (it was 100% when data from one year prior to bankruptcy was used) assessed the risk of bankruptcy of failed companies. The percentage of correctly classified companies still in business was lower, but still acceptable. Research limitations/implications: It is recommended to test the classification abili-ties of the models using the financial data of Polish companies from various sectors of the economy (separately for selected industries), and in particular, utilizing financial reports of industrial companies. Originality/value: The Polish-language literature often describes bankruptcy forecast-ing methods developed in highly developed countries, such as the USA, Canada, Germany and Great Britain. Polish scientists have also developed many bankruptcy forecasting tools. By contrast, little attention has been paid to Asian bankruptcy forecasting methods. The study, the results of which are presented in this article, broadens the knowledge on this subject and makes it possible to test and evaluate the usefulness of such methods for Polish companies.

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Kareva, Tatiana, and Vadim Sonin. "The problems of cross-border personal bankruptcy in russian and chinese legislation and practice." Law Enforcement Review 1, no. 3 (October 3, 2017): 160–67. http://dx.doi.org/10.24147/2542-1514.2017.1(3).160-167.

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The subject of the article is the legal and practical problems of cross-border personal bankruptcyin Russia and China.The main goal of this work is to analyze the major issues and obstacles in recognition andenforcement of Russian individual bankruptcy decisions in China and introduce it to Russianscholars and legal professionals.The methodological basis is analysis of the Russian and Chinese legislation, judicial practiceand special literatureThe results, scope of application. This article discusses the possibility of applying the provisionsof the Federal Law On Insolvency (Bankruptcy) to the Chinese nationals registered asindividual entrepreneurs in Russia. The article also reviews the Chinese legal regulation andoffers recommendations on execution of the court judgments on bankruptcy and collectionof debts from the PRC nationals. Existing Russian legislation allows to recognize the foreignnationals as bankrupts. The provisions on the cross-border insolvency also apply to them.The bankruptcy in China is not applied currently to the individuals, although theoretically itmay affect their property sphere during the bankruptcy of an individual private enterprise.Conclusions. The cross-border insolvency of the Chinese nationals encounters obstacles on threelevels. Firstly, the awards of the Russian arbitration courts have not been practically enforced inPRC due to inadequate notification of the Chinese party in the case. Secondly, Chinese courts inprinciple are extremely reluctant in recognizing foreign judgments on bankruptcy, such cases areexceptional. Thirdly, there is no personal bankruptcy institution in the PRC, while similar procedureslike bankruptcy of individual private enterprises are not applied in reality, and there are nolegislative prospects for the personal bankruptcy in the nearest future. Therefore, when conductingthe bankruptcy procedure for the Chinese nationals on the Russian territory, one can onlycount on their property located on this side of the border.

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Inayati, Raisa. "TUGAS, WEWENANG DAN TANGGUNG JAWAB BALAI HARTA PENINGGALAN DALAM PEMBERESAN HARTA PAILIT." JURNAL MEDIA HUKUM DAN PERADILAN 4, no. 2 (October 30, 2018): 166–82. http://dx.doi.org/10.29062/jmhp.v4i2.11.

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Bankruptcy will essentially change the competent status of the relevant legal subject of the debtor in the management of the bankruptcy property, then in the process must follow certain terms and procedures so declared bankrupt based on a judge's decision. Due to the verdict of bankruptcy statement against the debtor will become a foothold of the next problem that is about how the creditors get their rights from the debtor bankruptcy and who will take care of the division of bankrupt debtors. Against this statement, Article 70 of Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Obligation for Payment of Debts stipulates that the entitled to do belongs to The Orphans Chamber or other Curators. Closing up bankruptcy belongs to the end of the bankruptcy process. In this writing can be known about the main role in the management and ordering of bankrupt property carried out by the Curators / The Orphans Chamber.

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INAYATI, RAISA. "TUGAS, WEWENANG DAN TANGGUNG JAWAB BALAI HARTA PENINGGALAN DALAM PEMBERESAN HARTA PAILIT." Notaire 1, no. 2 (April 9, 2019): 339. http://dx.doi.org/10.20473/ntr.v1i2.9283.

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Bankruptcy will essentially change the competent status of the relevant legal subject of the debtor in the management of the bankruptcy property, then in the process must follow certain terms and procedures so declared bankrupt based on a judge's decision. Due to the verdict of bankruptcy statement against the debtor will become a foothold of the next problem that is about how the creditors get their rights from the debtor bankruptcy and who will take care of the division of bankrupt debtors. Against this statement, Article 70 of Law Number 37 Year 2004 concerning Bankruptcy and Suspension of Obligation for Payment of Debts stipulates that the entitled to do belongs to The Orphans Chamber or other Curators. Closing up bankruptcy belongs to the end of the bankruptcy process. In this writing can be known about the main role in the management and ordering of bankrupt property carried out by the Curators / The Orphans Chamber

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Dissertations / Theses on the topic "Bankruptcy"

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Cohara, Julie A. "Material Hardships among Bankrupt Seniors: Data from the 2007 Consumer Bankruptcy Project." Ohio University / OhioLINK, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1375874846.

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Дядечко, Алла Миколаївна, Алла Николаевна Дядечко, Alla Mykolaivna Diadechko, and L. Saban. "Bankruptcy: causes and risks." Thesis, Видавництво СумДУ, 2008. http://essuir.sumdu.edu.ua/handle/123456789/16050.

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Ferreira, Rafael de Vasconcelos Xavier. "Essays in Corporate Bankruptcy." reponame:Repositório Institucional do FGV, 2014. http://hdl.handle.net/10438/11831.

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This thesis contains three chapters, each bringing an essay on credit markets and on the institutions governing corporate bankruptcy. In chapter one, we bring some evidence to dispute the notion that increasing creditor protection always promotes credit market development. Ever since the seminal works of La Porta et al (1997,1998), the metric of creditor protection they proposed -- the creditor rights index -- has been widely used in the Law and Finance literature as explanatory variable in reduced form regression models to assess how creditor protection correlates to credit market development. We explore some problems with this approach. From a theoretical standpoint, it usually assumes a monotonic relation between creditor protection and financial development. We present a theoretical model for a credit market with adverse selection in which an intermediate level of creditor protection is capable of implementing first best equilibria. This is in line with several other theoretical papers, both in general equilibrium and in partial equilibrium setups. From an empirical standpoint, we take advantage of legal reforms in some countries during the 1990's and 2000's to implement a strategy based on the treatment effects literature in order to investigate the impact in firm equity and debt of: (i) granting financially distressed firms the right to an automatic stay on assets during court-supervised reorganization; and (ii) allowing creditors to remove managers of firms in reorganization. We find that restricting automatic stay reduces all equity-related variables, and has no significant impact on debt. We find no significant impact of managerial removal on either debt or equity. Chapter two evaluates the empirical consequences of a bankruptcy reform on a poorly developed credit market. In early 2005, the Brazilian Congress approved a new bankruptcy law. The new legislation increased creditor protection and improved the efficiency of the bankruptcy system. Using data from Brazilian and non-Brazilian firms, we estimate, using two different treatment effects models, the effects of the bankruptcy reform on contractual and non-contractual debt variables. In general, both models yield similar results. Concerning contractual debt variables, we found a significant increase in both total debt and long-term debt, and a reduction in the cost of debt. We found no effect in the loans' ownership structure. Finally, in chapter three we develop an estimable equilibrium search model of credit that can be used to conduct ex-ante evaluation of institutional changes, such as bankruptcy laws. Economic literature has established a causal relationship between institutions (such as laws and regulations) and financial market development. While this qualitative conclusion is widely accepted in the literature, there is little evidence of its quantitative importance. With our framework, it is possible to estimate how debt contracts change in response to modifications in credit-related institutions. It is also possible to estimate how investments made by firms will be affected, as well as characterize the distribution of firm size, age, and productivity before and after the institutional change. In an empirical exercise, we use data from Brazilian firms to simulate the effects of changing creditors recovery rates on the total and the mean values of both capital and debt. We find that debt increases with lower recovery rates. In most cases, the same is true for the stock of capital.
Esta tese é composta por três ensaios sobre o mercado de crédito e as instituições que regem bancarrota corporativa. No capítulo um, trazemos evidências que questionam a ideia de que maiores níveis de proteção ao credor sempre promovem desenvolvimento do mercado de crédito. Desde a publicação dos artigos seminais de La Porta et al (1997,1998), a métrica de proteção ao credor que os autores propuseram -- o índice de proteção ao credor -- tem sido amplamente utilizada na literatura de Law and Finance como variável explicativa em modelos de regressão linear em forma reduzida para determinar a correlação entre proteção ao credor e desenvolvimento do mercado de crédito. Neste artigo, exploramos alguns problemas com essa abordagem. Do ponto de vista teórico, essa abordagem geralmente supõe uma relação monotônica entre proteção ao credor e expansão do crédito. Nós apresentamos um modelo teórico para um mercado de crédito com seleção adversa em que um nível intermediário de proteção ao credor é capaz de implementar equilíbrios first best. Este resultado está de acordo com diversos outros artigos teóricos, tanto em equilíbrio geral quanto em equilíbrio parcial. Do ponto de vista empírico, tiramos proveito das reformas realizadas por alguns países durante as décadas de 1990 e 2000 para implementar uma estratégia inspirada na literatura de treatment effects e estimar o efeito sobre o valor de mercado e sobre a dívida de: i) permitir automatic stay a firmas em recuperação; e ii) conceder aos credores o direito de afastar os administradores. Os resultados que obtivemos apontam para um impacto positivo de automatic stay sobre todas as variáveis que dependem do valor de mercado da firma. Não encontramos efeito sobre dívida, e não encontramos efeitos significativos do direito de afastar administradores sobre valor de mercado ou dívida. O capítulo dois avalia as consequências empíricas de uma reforma na lei de falências sobre um mercado de crédito pouco desenvolvido. No início de 2005, o Congresso Nacional brasileiro aprovou uma nova lei de falências, a lei 11.101/05. Usando dados de firmas brasileiras e não-brasileiras, nós estimamos, usando dois modelos diferentes, o efeito da reforma falimentar sobre variáveis contratuais e não-contratuais de dívida. Ambos os modelos produzem resultados similares. Encontramos um aumento no volume total de dívida e na dívida de longo prazo, e uma redução no custo de dívida. Não encontramos efeitos significativos sobre a estrutura de propriedade da dívida. No capítulo três, desenvolvemos um modelo estimável de equilíbrio em search direcionado aplicado ao mercado de crédito, modelo este que pode ser usado para realizar avaliações ex ante de mudanças institucionais que afetem o crédito (como reformas em leis de falência). A literatura em economia há muito reconhece uma relação causal entre instituições (como leis e regulações) e desenvolvimento dos mercados financeiros. Essa conclusão qualitativa é amplamente reconhecida, mas há pouca evidência de sua importância quantitativa. Com o nosso modelo, é possível estimar como contratos de dívida mudam em resposta a mudanças nos parâmetros que descrevem as instituições da economia. Também é possível estimar o impacto sobre investimentos realizados pelas firmas, bem como caracterizar a distribuição do tamanho, idade e produtividade das firmas antes e depois da mudança institucional. Como ilustração, realizamos um exercício empírico em que usamos dados de firmas brasileiras para simular o impacto de variações na taxa de recuperação de créditos sobre os valores médios e totais de dívida e capital das firmas. Encontramos dívida crescente e capital quase sempre também crescente na taxa de recuperação.

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Parry, Rebecca Anderson Hamish. "Transaction avoidance in insolvencies." Oxford [England] ; New York : Oxford University Press, 2001. http://www.loc.gov/catdir/toc/fy033/2002265042.html.

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Aktan, Sinan [Verfasser], and Svetlozar T. [Akademischer Betreuer] Račev. "Early Warning System for Bankruptcy: Bankruptcy Prediction / Sinan Aktan. Betreuer: S. T. Rachev." Karlsruhe : KIT-Bibliothek, 2012. http://d-nb.info/1019790032/34.

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Betton, Sandra Ann. "Bankruptcy : a proportional hazard approach." Thesis, University of British Columbia, 1987. http://hdl.handle.net/2429/26056.

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The recent dramatic increase in the corporate bankruptcy rate, coupled with a similar rate of increase in the bank failure rate, has re-awakened investor, lender and government interest in the area of bankruptcy prediction. Bankruptcy prediction models are of particular value to a firm's current and future creditors who often do not have the benefit of an actively traded market in the firm's securities from which to make inferences about the debtor's viability. The models commonly used by many experts in an endeavour to predict the possibility of disaster are outlined in this paper. The proportional hazard model, pioneered by Cox [1972], assumes that the hazard function, the risk of failure, given failure has not already occurred, is a function of various explanatory variables and estimated coefficients multiplied by an arbitrary and unknown function of time. The Cox Proportional Hazard model is usually applied in medical studies; but, has recently been applied to the bank failure question [Lane, Looney & Wansley, 1986]. The model performed well in the narrowly defined, highly regulated, banking industry. The principal advantage of this approach is that the model incorporates both the survival times observed and any censoring of data thereby using more of the available information in the analysis. Unlike many bankruptcy prediction models, such as logit and probit based regression models, the Cox model estimates the probability distribution of survival times. The proportional hazard model would, therefore, appear to offer a useful addition to the more traditional bankruptcy prediction models mentioned above. This paper evaluates the applicability of the Cox proportional hazard model in the more diverse industrial environment. In order to test this model, a sample of 109 firms was selected from the Compustat Industrial and Research Industrial data tapes. Forty one of these firms filed petitions under the various bankruptcy acts applicable between 1972 and 1985 and were matched to 67 firms which had not filed petitions for bankruptcy during the same period. In view of the dramatic changes in the bankruptcy regulatory environment caused by the Bankruptcy reform act of 1978, the legal framework of the bankruptcy process was also examined. The performance of the estimated Cox model was then evaluated by comparing its classification and descriptive capabilities to those of an estimated discriminant analysis based model. The results of this study indicate that while the classification capability of the Cox model was less than that of discriminant analysis, the model provides additional information beyond that available from the discriminant analysis.
Business, Sauder School of
Graduate

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7

Rodano, Giacomo. "Inequality, bankruptcy and the macroeconomy." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/288/.

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This thesis examines the determinants inequality and its eﬀects on macroeconomic outcomes, and in particular the economic eﬀects of bankruptcy law. The ﬁrst two chapters are joint work with Jochen Mankart. In the ﬁrst chapter, we examine the eﬀects of Chapter 7 of the US bankruptcy law on entrepreneurs. Entrepreneurs are subject to production risk. They can borrow and if they fail they can default on their debt. We examine the optimal wealth exemption level and the optimal credit market exclusion duration in this environment. In the second chapter, we introduce secured credit, in addition to unsecured credit in a model that is similar to the one in the ﬁrst chapter. Secured credit lowers the cost of a generous bankruptcy regime because agents who are rationed out of the unsecured credit market can still obtain secured credit. Therefore, the optimal exemption level is very high. In the third chapter, I estimate stochastic process for earnings of Italian individuals. I ﬁnd that individual’s earnings present statistically signiﬁcant heterogeneity both in levels and in growth rates that is determined before the beginning of economic activity. In the fourth chapter, I analyze the quantitative eﬀects of introducing immediate debt discharge (fresh start) in the procedures of personal bankruptcy law on the saving and default decisions of Italian household. I ﬁnd that introducing fresh start in the Italian bankruptcy law would worsen credit conditions, without almost any beneﬁt in terms of better insurance. The ﬁfth chapter is joint work with Emanuele Tarantino and Nicolas Serrano-Velarde. In this chapter we exploit the recent reform of bankruptcy law in Italy to analyze the eﬀects of bankruptcy regulation on the cost of credit. We ﬁnd that strengthening ﬁrms’ rights to renegotiate outstanding deals with creditors increased the costs of funding, while simplifying the procedure of liquidation decreased the costs of funding. In the sixth chapter, I show that credit market imperfections are not necessary to generate an individual poverty trap.

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8

Kingdom, Ioannis. "Three essays on personal bankruptcy." Thesis, University of Southampton, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.440946.

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Link, Frederick 1975. "The economics of personal bankruptcy." Thesis, Massachusetts Institute of Technology, 2004. http://hdl.handle.net/1721.1/29428.

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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Economics, 2004.
Includes bibliographical references (p. 183).
This thesis examines the effect of bankruptcy law on consumer borrowing and welfare. The thesis consists of four theoretical chapters and two empirical chapters. Chapter 1 presents a simple model of consumer borrowing where the repayment of debt is governed by a bankruptcy law which allows a consumer to protect income below a given exemption level from creditors. Increasing bankruptcy exemption levels are found to increase borrowing and to increase consumer welfare so long as the consumer is borrowing less than the maximum amount possible. If consumers are borrowing the maximum amount possible, increasing exemption amounts increases credit constraints and decreases borrowing. Consumer welfare is maximized at the point where the marginal benefit the amount of insurance provided by the bankruptcy regime equals the marginal cost to reducing borrowing. Chapter 2 expands the model described in chapter 1 to include consumers who differ as to either their demand for credit or their ability to repay loans. The optimal exemption level is found to occur where the marginal cost due to increasing credit constraints to consumers with a higher demand for credit or a lower ability to repay is balanced against the increased insurance benefit provided to other borrowers.
(cont.) Chapter 3 considers the effect of bankruptcy law on credit markets with asymmetric information. I find that the possibility to receive a discharge of debt provided by bankruptcy law may cause consumers to distort their borrowing choices. Optimal exemption levels balance costs due to distortions in borrowing with benefits associated with increases in insurance. Chapter 4 presents a model of the effect of bankruptcy law on incentives to work. I find that increasing exemption levels may either increase or decrease incentives to work or to take risk. Chapter 5 examines the effect of exemption levels on household borrowing. I find that increasing personal property exemption levels are associated with higher levels of home mortgage debt and decreased probabilities that non-homeowners have greater than $50,000 in debt. Homestead exemptions are negatively associated with homeownership. Chapter 6 finds that personal property exemption levels are positively related to bankruptcy filing rates.
by Frederick Link.
Ph.D.

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Jiang, Yong Carleton University Dissertation Management Studies. "Bankruptcy prediction - a nonparametric approach." Ottawa, 1993.

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Books on the topic "Bankruptcy"

1

Jordan, Robert L. Bankruptcy. 5th ed. New York: Foundation Press, 1999.

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Warren, William D. Bankruptcy. 7th ed. New York: Foundation Press, 2006.

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Warren, William D. Bankruptcy. 8th ed. New York: Foundation Press Thomson/West, 2009.

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McBryde, William W. Bankruptcy. London: W. Green, 1989.

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Jordan, Robert L. Bankruptcy. 2nd ed. Westbury, N.Y: Foundation Press, 1989.

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Warren, William D. Bankruptcy. 8th ed. New York: Foundation Press Thomson/West, 2009.

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J, Bussel Daniel, and Jordan Robert L. 1928-, eds. Bankruptcy. 6th ed. New York: Foundation Press, 2002.

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J, Bussel Daniel, Skeel David A. 1961-, and Jordan Robert L. 1928-, eds. Bankruptcy. 9th ed. New York, NY: Foundation Press Thomson/West, 2012.

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G, Epstein David. Bankruptcy. St. Paul, Minn: West Pub. Co., 1993.

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Joe, Lee. Bankruptcy. Rochester, N.Y: Lawyers Co-operative Pub. Co., 1985.

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Book chapters on the topic "Bankruptcy"

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Vance, David E. "Bankruptcy." In Corporate Restructuring, 243–64. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-01786-5_16.

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Lukanima, Benedicto. "Bankruptcy." In Encyclopedia of Quality of Life and Well-Being Research, 324–25. Dordrecht: Springer Netherlands, 2014. http://dx.doi.org/10.1007/978-94-007-0753-5_146.

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Lukanima, Benedicto. "Bankruptcy." In Encyclopedia of Quality of Life and Well-Being Research, 1–2. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-319-69909-7_146-2.

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Branch, Ben S., and Jennifer S. Taub. "Bankruptcy." In Finance Ethics, 509–29. Hoboken, NJ, USA: John Wiley & Sons, Inc., 2011. http://dx.doi.org/10.1002/9781118266298.ch27.

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Marsden, Michael. "Bankruptcy." In The Practice of Banking , Part 1, 36–58. Dordrecht: Springer Netherlands, 1985. http://dx.doi.org/10.1007/978-94-009-4962-1_2.

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Benson, John. "Bankruptcy." In Respectability, Bankruptcy and Bigamy in Late Nineteenth- and Early Twentieth-Century Britain, 79–88. New York: Routledge, 2022. http://dx.doi.org/10.4324/9781003168126-11.

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Winter, Mabel. "Bankruptcy." In Palgrave Studies in Economic History, 157–79. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-90570-5_7.

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Declercq, Peter J. M. "Bankruptcy." In Netherlands Insolvency Law, 59–133. The Hague: T.M.C. Asser Press, 2002. http://dx.doi.org/10.1007/978-90-6704-533-9_3.

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Lukanima, Benedicto. "Bankruptcy." In Encyclopedia of Quality of Life and Well-Being Research, 373–74. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-17299-1_146.

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Chaudhuri, Arindam, and Soumya K. Ghosh. "Bankruptcy Prediction." In Bankruptcy Prediction through Soft Computing based Deep Learning Technique, 13–17. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-6683-2_4.

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Conference papers on the topic "Bankruptcy"

1

Elhadi, Mohamed T., and Tibor Vamos. "Bankruptcy case law." In the seventh international conference. New York, New York, USA: ACM Press, 1999. http://dx.doi.org/10.1145/323706.323786.

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Bartulović, Željko, and Dejan Bodul. "POLOŽAJ RAZLUČNIH VJEROVNIKA U POSTUPKU STEČAJA POTROŠAČA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.835b.

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Croatia has a long legal tradition of bankruptcy proceedings over the assets of natural persons. Hence, from a historical perspective, such institute is not terra incognita in Croatian legislation. Nevertheless, only at 1 January 2016, in the legal order of the Republic of Croatia, along with the "classic" bankruptcy proceedings (pre-litigation procedure, liquidation bankruptcy proceedings, bankruptcy, personal bankruptcy, international bankruptcy, bankruptcy proceedings of the debtor's debtor, automatic bankruptcy, shortened bankruptcy proceedings a bankruptcy procedure of small value) the legislator implemented consumer bankruptcy proceedings. Rules on consumer bankruptcy proceedings are governed by the provisions of the Consumer Bankruptcy Act, whose general provisions point out on the lex generali provisions of the Bankruptcy Act and therefore the rules on secured creditors (separatistae ex jure crediti). The aim of the paper is to present and analyse the position of secured creditors, as privileged creditors, in the process of consumer bankruptcy. The complexity of the subject and the set tasks required a choice of methods, so authors used methodological approach, which included a historical methodological approach, a study of domestic and foreign literature, appropriate legal regulations, and analysis of jurisprudence. The paper will also analyse the practice of the European Court of Human Rights in the proceedings in accordance with Art. 8. Of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Right to respect for private and family life), as we believe that this can be important for understanding the issues of work. For comparison and possible de lege ferenda suggestions for the Serbian legislator, the analysis of Croatian solutions regarding the position of the secured creditor in the process of consumer bankruptcy is important as it indicates whether the potential implementation and application of such model will achieve its purpose and give the expected results.

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Kozar, Vladimir, and Nemanja Aleksić. "Prelazak prava i obaveza na stečajnog upravnika kao posledica otvaranja stečajnog postupka." In XXX Susret pravnika u privredi Republike Srbije. Udruženje pravnika u privredi Srbije, 2023. http://dx.doi.org/10.55836/zbornik_pip_2202a.

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This paper analyses provisions of the law, the standpoints of domestic court practice and the opinions of jurisprudence on the transfer of rights and obligations to the bankruptcy manager, as the most important consequence of opening bankruptcy proceedings against the bankruptcy debtor. It was pointed out that the representation and management function are merging in the person of the bankruptcy manager, while the members and shareholders of the bankruptcy debtor retain the ownership function with significant restriction of rights, which results in the suspension of the company’s assembly. The standpoint on the admissibility of the appeal of the majority shareholder against the decision to open bankruptcy proceedings is presented. The effects of bankruptcy on the loss of legal capacity and the transfer of representation rights to the bankruptcy manager, as well as on the limitation of the legal capacity of the bankruptcy debtor are explained. Different views on the legal position of the bankruptcy manager were pointed out. Issues related to the function of interim bankruptcy manager as a sui generis security measure after the revocation of the decision to open bankruptcy proceedings were considered. Also, theoretical and practical issues related to limiting the liability of the bankruptcy manager for damage caused to participants in the proceedings were analyzed, with different views and criticism of existing legal solutions.

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Bodul, Dejan. "POGLED NA NOVO HRVATSKO STEČAJNO ZAKONODAVSTVO IZ 2022: pokušaj usklađivanja tržišne dimenzije i zaštite prezaduženih potrošača." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.981b.

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As the 1996 Bankruptcy Law was amended seven times, the legislator decided to pass a new Bankruptcy Law in 2015. Although the aim of the Amendment to the Bankruptcy Law 2017 is primarily to facilitate pre-bankruptcy proceedings by prescribing realistic deadlines for taking certain actions in the proceedings, the observed errors and omissions made throughout the Bankruptcy Law are corrected and doubts about the application of certain provisions are removed. The new goal of the Amendments to the Bankruptcy Act 2022 (which is scheduled to enter into force on 31 March 2022, 87th Session of the Government of the Republic of Croatia, 02.12.2021) is to ensure efficient, simple and flexible management of the procedure, with precisely defined deadlines and clear consequences actions taken, but primarily to harmonize the Bankruptcy Law with the Acquis Communautaire and the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all related opportunities and risks. The parallel issue of the implementation and regulation of the institute of consumer bankruptcy as a subtype of bankruptcy is one of the most current issues in the revision of the Consumer Bankruptcy Act (amendments should enter into force in March 2022). The reason for this modest endeavour is the need to change certain solutions, often without taking into account the proposals and suggestions of case law resulting from six years of application, but also the obligation to implement solutions of the Restructuring and Insolvency Directives. Therefore, the author will analyse the most important features of the Final Proposal of the Bankruptcy Law from February 2022 and the Final Proposal of the Consumer Bankruptcy Law from February 2022, emphasizing those provisions that have undergone the most changes as well as those that most improve the efficiency of (pre) bankruptcy and consumer bankruptcy procedures.

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Fujiwara, Yoshi. "Chain of Firms Bankruptcy." In 9th Joint Conference on Information Sciences. Paris, France: Atlantis Press, 2006. http://dx.doi.org/10.2991/jcis.2006.330.

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Li, Ling, and Feiqi Deng. "A Bankruptcy Liquidation Model." In 2006 6th International Conference on Intelligent Systems Design and Applications. IEEE, 2006. http://dx.doi.org/10.1109/isda.2006.16.

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"RELATED TRANSACTIONS IN BANKRUPTCY." In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-115/120.

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Ilkić, Zoran. "OSIGURANjE OD PROFESIONALNE ODGOVORNOSTI STEČAJNIH UPRAVNIKA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.285i.

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During the phases of bankruptcy proceedings, the bankruptcy trustee has an active role, and the adequate application of the decisions of other bankruptcy bank bodies which include actions, advocacy and work, as well as the skills and competences, the percentage of settlement of bankruptcy creditors, the cost of the procedure, and the duration of the process itself depend on him. For this reason, in this paper, the author is considering the legal position of the bankruptcy trustee, especially his obligations and responsibilities that he has towards the bankruptcy debtor himself, but also to third parties interested in the proceedings. Special attention is paid to ensuring his professional liability for damages that may be caused to the creditors of the bankruptcy debtor. The subject of the analysis is multitude of exclusions from insurance provided by insurance terms, which call into question the achievement of the purpose of insurance.

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Smolenkova, Ekaterina Aleksandrovna. "Assessment of the probability of bankruptcy of PJSC Lukoil." In International Research-to-practice conference, chair Iuliia Sergeevna Tsertseil. Publishing house Sreda, 2023. http://dx.doi.org/10.31483/r-109510.

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The article describes bankruptcy issues and information on conducting an assessment of the probability of assessing the bankruptcy of companies. Based on the data from the accounting statements of the oil and gas company PJSC Lukoil, the probability of bankruptcy of the company was assessed using four bankruptcy forecasting models. The article presents the conclusions of the analysis, evaluates the success of the introduction of the financial policy of the company.

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Božić, Vanda. "PRAVNA SIGURNOST NAMIRENjA STEČAJNIH POVERILACA KROZ INSTITUT ZABRANE INDIVIDUALNOG IZVRŠENjA I NAMIRENjA U STEČAJNOM POSTUPKU." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.1019b.

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The opening of bankruptcy proceedings leads to the interruption of the execution procedure. This means that from the day of opening of the bankruptcy proceedings no enforceable execution can be carried out in order to settle claims on the basis of the execution document. The execution document loses the function of enforceability, but not the property of validity. Namely, bankruptcy and enforcement proceedings involve monetary compulsory execution, but it should be noted that one procedure excludes the other. Individual compulsory execution is carried out in the enforcement procedure, while bankruptcy proceedings include complete compulsory execution. To bankruptcy creditors, the Law on Bankruptcy provides legal certainty in the settlement of their claims through the Institute of Prohibition of Individual Execution and Settlement. The moratorium as an institute of prohibition of individual execution constitutes an obstacle to individual execution and settlement in bankruptcy proceedings and has the consequence of temporarily deferring debt repayments. However, the abolition of the moratorium allows the implementation of the enforcement procedure, which has the consequence of returning the execution to the competence of the public executors.

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Reports on the topic "Bankruptcy"

1

Bernstein, Shai, Emanuele Colonnelli, Xavier Giroud, and Benjamin Iverson. Bankruptcy Spillovers. Cambridge, MA: National Bureau of Economic Research, February 2017. http://dx.doi.org/10.3386/w23162.

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Garrett, Thomas A., and Howard J. Wall. Personal-Bankruptcy Cycles. Federal Reserve Bank of St. Louis, 2010. http://dx.doi.org/10.20955/wp.2010.010.

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Garrett, Thomas A., and Mark W. Nichols. Do Casinos Export Bankruptcy? Federal Reserve Bank of St. Louis, 2005. http://dx.doi.org/10.20955/wp.2005.019.

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Bernstein, Shai, Emanuele Colonnelli, and Ben Iverson. Asset Allocation in Bankruptcy. Cambridge, MA: National Bureau of Economic Research, March 2017. http://dx.doi.org/10.3386/w23305.

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Hart, Oliver. Different Approaches to Bankruptcy. Cambridge, MA: National Bureau of Economic Research, September 2000. http://dx.doi.org/10.3386/w7921.

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Benmelech, Efraim, Nittai Bergman, Anna Milanez, and Vladimir Mukharlyamov. The Agglomeration of Bankruptcy. Cambridge, MA: National Bureau of Economic Research, June 2014. http://dx.doi.org/10.3386/w20254.

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Legal, Diego, and Eric R. Young. Consumer Bankruptcy and Unemployment Insurance. Federal Reserve Bank of Cleveland, May 2024. http://dx.doi.org/10.26509/frbc-wp-202409.

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We quantitatively evaluate the effects of UI on bankruptcy in an equilibrium model of labor market search and defaultable debt. First, we ask whether a standard unsecured credit model extended with labor market search and matching frictions can account for the negative correlation between UI caps and bankruptcy rates observed in the data. The model can account for this fact only if estimated with the employment rate among bankruptcy filers as a target. Not matching this employment rate underestimates the consumption smoothing benefits of UI cap increases, as the model assigns too much importance to unemployment shocks for driving default, and implies large welfare losses from increasing the cap rather than negligible gains. Second, with bankruptcy available, there are significant welfare gains from increasing the replacement rate above the calibrated value, but not in the absence of default.

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White, Michelle. Corporate and Personal Bankruptcy Law. Cambridge, MA: National Bureau of Economic Research, July 2011. http://dx.doi.org/10.3386/w17237.

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Mahoney, Neale. Bankruptcy as Implicit Health Insurance. Cambridge, MA: National Bureau of Economic Research, May 2012. http://dx.doi.org/10.3386/w18105.

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Graham, John, Hyunseob Kim, Si Li, and Jiaping Qiu. Employee Costs of Corporate Bankruptcy. Cambridge, MA: National Bureau of Economic Research, June 2019. http://dx.doi.org/10.3386/w25922.

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