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SSRN Electronic Journal
Article . 2000 . Peer-reviewed
Data sources: Crossref
https://doi.org/10.1093/oso/97...
Part of book or chapter of book . 2001 . Peer-reviewed
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EconStor
Article . 2006
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Different Approaches To Bankruptcy

Authors: Oliver Hart;

Different Approaches To Bankruptcy

Abstract

Abstract In the last fifteen years or so, lawyers working in law and economics and economists with an interest in legal matters have turned their attention to the topic of bankruptcy. A large amount of work has resulted, both theoretical and empirical, some of which has been concerned with the functioning of existing bankruptcy procedures and some with bankruptcy reform. Although researchers in this area have expressed different views, I believe that one can identify a consensus on certain issues-for example, the goals of bankruptcy and some of the characteristics of an efficient bankruptcy procedure. (There is probably less agreement about exactly what the best bankruptcy procedure is or how well existing systems around the world function.) In this paper, I will focus on this consensus because I believe it is useful in guiding countries with poorly developed bankruptcy procedures in efforts to improve them.1 One point I will stress is that it is unlikely that ‘one size fits all’. That is, although some bankruptcy procedures can probably be rejected as being manifestly bad, there is a class of procedures that satisfy the main criteria of efficiency. Which procedure a country chooses or should choose may then depend on other factors-for example, the country’s institutional structure and legal tradition. One can also imagine a country choosing a menu of procedures and allowing firms to select among them.

Keywords

Bankruptcy, Konkurs, ddc:330, G33, Konkurs, Konkursverwaltung, Bankruptcy, Receivership, Konkursverwaltung, Receivership, jel: jel:G33, jel: jel:G3

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
bronze