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Part of book or chapter of book . 2000 . Peer-reviewed

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Insolvency Risks and the Role of Insolvency Law

descriptionPublicationkeyboard_double_arrow_right Part of book or chapter of book , Other literature type 01 Jan 2000Publisher:Springer Netherlands

Authors: Theodore Eisenberg; Stefan Sundgren; Timothy C. G. Fisher; Jocelyn Martel; Karin S. Thorburn; Clas Bergström; Theodore Eisenberg; +5 Authors

doi: 10.1007/978-94-017-2909-3_6

Insolvency Risks and the Role of Insolvency Law

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Abstract

Insolvency law plays a prominent role in the area of commercial risk and risk management. All commercial contracts must be drafted against the background of insolvency law. And all lenders, at the time of evaluating and extending credit, must consider the bankruptcy implications of their loan decisions. The efficacy of a lender’s decisions is tested only when a borrower is in financial distress and bankruptcy is one of the likely outcomes. So study of insolvency laws and their operation must accompany studies of commercial risk and risk management.

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