INSIDE THE BLACK BOX: HOW SHOULD A SOVEREIGN BANKRUPTCY FRAMEWORK BE STRUCTURED?
Tags: STATE bankruptcy; PUBLIC debts; PRIORITIES of claims & liens; COURTS; LOAN agreements; FOREIGN loans; INTERNATIONAL finance
Related Articles
- THE PARI PASSU CLAUSE IN SOVEREIGN DEBT INSTRUMENTS. Buchheit, Lee C.; Pam, Jeremiah S. // Emory Law Journal;Summer2004, Vol. 53 Issue 3, p869
Criticizes the ratable payment theory of the �pari passu� clause as the legal basis for preventing a country from paying its other creditors without making similar payment to the judgment creditor. Sovereign borrower's promise that the obligation will always rank equally in right of payment...
- BUILDING A BETTER SEATING CHART FOR SOVEREIGN RESTRUCTURINGS. Gelpern, Anna // Emory Law Journal;Summer2004, Vol. 53 Issue 3, p1115
Outlines the treatment of priorities in national bankruptcy. Constraints state sovereignty imposes on replicating this treatment for countries; Informal priority systems that have developed in the context of state sovereignty; Theoretical arguments for pursuing explicit and enforceable sovereign...
- BETWEEN MANDATE AND MARKET: CONTRACT TRANSITION IN THE SHADOW OF THE INTERNATIONAL ORDER. Ahdieh, Robert B. // Emory Law Journal;Summer2004, Vol. 53 Issue 3, p691
Suggests a "third way" toward efficient contract transition, between the market for sovereign debt and the regulatory mandate essential to such change. Identification of state action grounded in noncoercive "regulatory cues" as the mechanism of efficient transition in standardized contract...
- Steering Through Ch. 11: 'Real World' Lessons In Distressed Debt. Prokop, Kevin // Bank Loan Report;11/7/2005, Vol. 20 Issue 42, p10
Presents an article that talks about the Bankruptcy code in relation to the distressed debt of GenTek Inc. Impact of distressed market to the reorganizations of Bankruptcy code chapter 11; Myths of conventional bankruptcy wisdom; Experiences of GenTek.
- Mechanic's liens in a tough economy. Callahan, Mike // Contractor Magazine;Nov2011, Vol. 58 Issue 11, p30
The article discusses the issues to be considered in the mechanic's liens between project owners and contractors. It mentions that the lien can be foreclosed by selling the property to the highest bidder. It says that contractors should know other types of liens or mortgages on the property...
- UNINSURED MOTORIST AWARD--PRIORITY OF CREDITORS--ASSIGNMENT OF AWARD. // Arbitration Journal;Dec1965, Vol. 20 Issue 4, p250
The article reports on the judgment delivered in the court case "Neilson Reality Corp. v. MVAIC." It reports that an uninsured motorist award in arbitration is subject to all prior liens. When a person recovered an arbitration award pursuant to the terms of an insurance policy endorsement, the...
- Standoff. Jovanovic, Igor // Transitions Online;11/7/2005, p3
The article offers a look at the political and economic issues surrounding Serbia in relation to its negotiation with the International Monetary Fund for a three-year loan agreement. It provides an overview of the proposed three-year loan agreement. It analyzes the possible implications for the...
- The Payment of Priority Claims in Cross-Border Insolvency Cases. GROPPER, ALLAN L. // Texas International Law Journal;Summer2011, Vol. 46 Issue 3, p559
The article discusses the payment for priority claims under a cross-border insolvency cases in the U.S. It says that insolvency cases differ in the size and scope of priorities, particularly wages and severance, as wells as in the applicability of the distribution scheme. It mentions that U.S....
- Should Australian Courts Accept or Refuse the Aid of Private International Law When Considering to Enforce Foreign Maritime Liens? Lane, John // eLaw: Murdoch University Electronic Journal of Law;Jun2009, Vol. 16 Issue 1, p32
It [admiralty and maritime jurisdiction] is only an arcane or obscure branch of the law to those whose legal thinking is informed exclusively by land based human activity.1 The arguments surrounding the enforcement of foreign maritime liens have focused on substantive and procedural arguments....
