{"title":"Moss, Fletcher and Isaacs on the EU regulation on insolvency proceedings (4th edition). By Edited by KCStuart Isaacs (Ed.), KCTom Smith (Ed.), PaulusChristoph (Ed.), Oxford: OUP. 2023. pp. xlviii + 665. £250, hardcover. ISBN: 978‐0‐19‐285523‐7","authors":"E. Vaccari","doi":"10.1002/iir.1534","DOIUrl":"https://doi.org/10.1002/iir.1534","url":null,"abstract":"","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139861383","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Moss, Fletcher and Isaacs on the EU regulation on insolvency proceedings (4th edition). By Edited by KC Stuart Isaacs (Ed.), KC Tom Smith (Ed.), Paulus Christoph (Ed.), Oxford: OUP. 2023. pp. xlviii + 665. £250, hardcover. ISBN: 978-0-19-285523-7","authors":"Eugenio Vaccari","doi":"10.1002/iir.1534","DOIUrl":"10.1002/iir.1534","url":null,"abstract":"","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139801681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bank resolution in South Africa: Recent developments","authors":"Ashley Batsirai Nyaude, Corlia Van Heerden","doi":"10.1002/iir.1524","DOIUrl":"10.1002/iir.1524","url":null,"abstract":"<p>In this contribution, the authors explore recent developments in South Africa's approach to bank resolution, assessing compliance of its new regime with the Financial Stability Board's Key Attributes of Effective Resolution Regimes for Financial Institutions (KAs). Emphasizing the imperative for orderly resolutions to avert financial crises, the authors scrutinize the post-2008 Global Financial Crisis regulatory landscape. Until June 2023, South Africa's approach to bank failure was limited to curatorship and liquidation under the Banks Act 94 of 1990. Addressing gaps identified by international bodies such as the Financial Stability Board, International Monetary Fund, and the World Bank, and taking lessons from the failure of African Bank in 2014, South Africa has transitioned to a Twin Peaks regulatory model and also introduced a comprehensive resolution framework effective June 1, 2023, captured in the Financial Sector Regulation Act 9 of 2017. This framework currently applies to banks only. The South African Reserve Bank now holds an explicit financial stability mandate and is designated as the resolution authority. The article discusses the design features for an effective resolution regime as recommended in the KAs to benchmark the new South African resolution regime, noting overall compliance. However, it acknowledges the need for further development in certain respects to enhance alignment.</p>","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/iir.1524","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139802007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A principled examination of US bankruptcy law and the accounting for value in conversions between chapters 7 and 13","authors":"Gavin Ritter","doi":"10.1002/iir.1526","DOIUrl":"10.1002/iir.1526","url":null,"abstract":"<p>This article focuses on the apportionment and distribution of post-filing pre-conversion increases in equity of assets in a debtor’s estate when a debtor converts from a Chapter 13 to a Chapter 7 bankruptcy proceeding. Through an examination of the history of the US Bankruptcy Code and adequate examination of differing approaches, this article argues that courts should adopt the position that the post-filing increase in equity due to appreciation should inure to the estate rather than to the debtor, while the increases in equity through payback plans should inure to the debtor. This approach creates the fairest situation for a debtor, placing them in a situation where they receive the full benefits of the Chapter 13 bankruptcy proposition and provides sufficient economic benefits to creditors.</p>","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/iir.1526","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139759034","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Bank resolution in South Africa: Recent developments","authors":"A. B. Nyaude, Corlia Van Heerden","doi":"10.1002/iir.1524","DOIUrl":"https://doi.org/10.1002/iir.1524","url":null,"abstract":"In this contribution, the authors explore recent developments in South Africa's approach to bank resolution, assessing compliance of its new regime with the Financial Stability Board's Key Attributes of Effective Resolution Regimes for Financial Institutions (KAs). Emphasizing the imperative for orderly resolutions to avert financial crises, the authors scrutinize the post‐2008 Global Financial Crisis regulatory landscape. Until June 2023, South Africa's approach to bank failure was limited to curatorship and liquidation under the Banks Act 94 of 1990. Addressing gaps identified by international bodies such as the Financial Stability Board, International Monetary Fund, and the World Bank, and taking lessons from the failure of African Bank in 2014, South Africa has transitioned to a Twin Peaks regulatory model and also introduced a comprehensive resolution framework effective June 1, 2023, captured in the Financial Sector Regulation Act 9 of 2017. This framework currently applies to banks only. The South African Reserve Bank now holds an explicit financial stability mandate and is designated as the resolution authority. The article discusses the design features for an effective resolution regime as recommended in the KAs to benchmark the new South African resolution regime, noting overall compliance. However, it acknowledges the need for further development in certain respects to enhance alignment.","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2024-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139862089","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Catherine Robinson, David Smith, Mark Wicht, Amanda Rice, Gavin McCosker, Ignatius McBride
{"title":"Predicting repeat consumer bankruptcy: A survival analysis of business‐related repeat filings in Australia 2007–2021","authors":"Catherine Robinson, David Smith, Mark Wicht, Amanda Rice, Gavin McCosker, Ignatius McBride","doi":"10.1002/iir.1527","DOIUrl":"https://doi.org/10.1002/iir.1527","url":null,"abstract":"Ongoing legislative responses to the impacts of the pandemic have prompted many countries to evaluate whether their bankruptcy systems remain fit for purpose. Moreover, the current climate highlights the importance of data‐driven policy, which the literature identifies as a deficiency of bankruptcy regimes. In Australia, the 2015 reform proposals to reduce the default discharge period from 3 years to 1 year are currently being revised amidst stakeholder concern about potential abuse and repeat bankrupts. Although an extensive body of literature exists on ‘repeat filers’ in the USA, there has been no equivalent study in Australia. Using our data of 153,526 bankruptcies between 2007 and 2021, we conducted a novel application of survival analysis to predict the probability of a repeat bankruptcy comparing business and non‐business groups. The results show that this probability peaked in both male and females with non‐business‐related administrations irrespective of client's age, employment and relationship status. These findings are important as they identify the prospects that certain bankrupt groups have higher rates of repeat bankruptcy, which can inform strategies to improve their survival rate. A significance of our study is the development of a high‐quality longitudinal dataset that facilitates the extension of the data models and allows easy updates about targeted questions involving bankruptcy‐related policy shifts and impacts on sub‐populations. This methodological approach will enable regulators and insolvency experts to address concerns of repeat bankruptcy to guide policy, evaluate reform and extend the evidence base in other jurisdictions.","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":null,"pages":null},"PeriodicalIF":0.6,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139863979","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Catherine Robinson, David Smith, Mark Wicht, Amanda Rice, Gavin McCosker, Ignatius McBride
{"title":"Predicting repeat consumer bankruptcy: A survival analysis of business-related repeat filings in Australia 2007–2021","authors":"Catherine Robinson, David Smith, Mark Wicht, Amanda Rice, Gavin McCosker, Ignatius McBride","doi":"10.1002/iir.1527","DOIUrl":"10.1002/iir.1527","url":null,"abstract":"<p>Ongoing legislative responses to the impacts of the pandemic have prompted many countries to evaluate whether their bankruptcy systems remain fit for purpose. Moreover, the current climate highlights the importance of data-driven policy, which the literature identifies as a deficiency of bankruptcy regimes. In Australia, the 2015 reform proposals to reduce the default discharge period from 3 years to 1 year are currently being revised amidst stakeholder concern about potential abuse and repeat bankrupts. Although an extensive body of literature exists on ‘repeat filers’ in the USA, there has been no equivalent study in Australia. Using our data of 153,526 bankruptcies between 2007 and 2021, we conducted a novel application of survival analysis to predict the probability of a repeat bankruptcy comparing business and non-business groups. The results show that this probability peaked in both male and females with non-business-related administrations irrespective of client's age, employment and relationship status. These findings are important as they identify the prospects that certain bankrupt groups have higher rates of repeat bankruptcy, which can inform strategies to improve their survival rate. A significance of our study is the development of a high-quality longitudinal dataset that facilitates the extension of the data models and allows easy updates about targeted questions involving bankruptcy-related policy shifts and impacts on sub-populations. This methodological approach will enable regulators and insolvency experts to address concerns of repeat bankruptcy to guide policy, evaluate reform and extend the evidence base in other jurisdictions.</p>","PeriodicalId":53971,"journal":{"name":"International Insolvency Review","volume":null,"pages":null},"PeriodicalIF":0.5,"publicationDate":"2024-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1002/iir.1527","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139804233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}