ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

BankruptcySubscribe to Bankruptcy

Regulating Creditors

This article attempts to understand the limitations of the Insolvency and Bankruptcy Board of India’s code of conduct. In the larger issue of balancing the interests of bankruptcy governance, it suggests structural reforms to the insolvency and bankruptcy code that aim to foster an expedient resolution process and reduce losses to creditors.

Has the Financial World Arrived at a Collective Action Clause Consensus?

With truly astonishing speed (in a little over a month) collective action clauses in US bonds for sovereign issuers have moved from taboo, to a tentative first try (Mexico), to what looked like consensus on the clause (Uruguay), to more change (Brazil). What does this sudden move from a point of unwillingness to try even minimal change to one of everyday experimentation tell us about the dynamics of the underlying system? And where does this leave the policy debate?

Should Financial Stability Be Assigned to Public Policy?

In the light of the experience with the severe financial crises of the 1990s, the responsibility for financial stability has implicitly been assigned to public policy, overturning, in a sense, the dominant paradigm until then of regarding financial development, including stability, as a function best performed by the financial markets. This paper undertakes a critical examination of this assignment, its magnitude and quality, by questioning its analytical underpinnings. The paper examines the search for the appropriate international financial architecture as the virtuous approach to the assignment and concludes that the identification of international standards and codes for adoption by countries may be a suboptimal approach. On the other hand, establishment of an international bankruptcy mechanism holds promise of filling a major gap in the efforts to strengthen the international financial architecture.

Implosion of Japanese Capitalism

For nearly a decade now, Japan has been in the throes of a severe economic and political crisis. The dazzling growth of capitalism in Japan came to an abrupt end in the late 1980s when rising corporate debts and bankruptcies followed alongside overproduction and deflation. The crisis has given rise to a widespread cynicism among the public, who fear the prospect of rising unemployment and declining spend on social security.

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