Termination of a commercial company without judicial declaration of bankruptcy in case of lack of assets
In: Boletim de Ciências Económicas, Band 57, Heft 3, S. 2819-2854
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In: Boletim de Ciências Económicas, Band 57, Heft 3, S. 2819-2854
In: International Journal of Research in Business and Social Science: IJRBS, Band 11, Heft 7, S. 350-356
ISSN: 2147-4478
This paper aims to evaluate the regulation model for filing an action pauliana lawsuit by creditors to revoke the debtor's legal actions prior to the declaration of bankruptcy. The research method used is normative juridical. The results show that the model for regulating the authority of creditors who wish to file an actio pauliana lawsuit against debtors in bankruptcy law can be done by making changes to Law Number 37 of 2004 concerning Bankruptcy by adding an article which regulates the procedural law of how a creditor can file a lawsuit. action pauliana in the following way: Creditors who acknowledge the existence of a Debtor's legal action, which is not required to be carried out within one year before the bankruptcy decision is pronounced, may submit an application to the Supervisory Judge by attaching valid evidence so that the Supervisory Judge will issue a ruling concerning the Debtor's legal action is in one year before the bankruptcy decision is pronounced, is not mandatory and shall be revoked.
In: Journal of ecohumanism, Band 3, Heft 7, S. 2378-2386
ISSN: 2752-6801
The study aimed to outline the procedure for requesting the disclosure of insolvency applications by the Comptroller General of Companies, along with the conditions to be adhered to when filing such applications. Additionally, it explored the judicial oversight of the control powers exercised when submitting insolvency disclosure requests. Key findings of the study highlighted that the comptroller of companies derives the authority to submit insolvency notices from Article 193 of the Jordanian Companies Act. This article empowers the comptroller to oversee companies' performance and their compliance with the law from the moment of their registration, emphasizing the importance of not being deleted. Noteworthy recommendations include the necessity of imposing additional penalties on companies that fail to cooperate with the comptroller, enhancing their role in both preventive and punitive oversight. Furthermore, the study emphasizes consolidating the principle of comprehensive oversight to promote corporate governance, control, and early detection.
In: Urban studies, Band 53, Heft 4, S. 818-836
ISSN: 1360-063X
It is widely accepted that neoliberalism is intensified in times of crisis, and Jamie Peck has argued that 'austerity urbanism' has been implemented at the urban scale since the 2008 financial crisis. This article questions whether this narrative of neoliberal expansion is applicable in cities where crisis is so severe that economic growth seems highly unlikely. I focus on Detroit, whose recent declaration of bankruptcy signals the recognition among local officials and elites that the city's decline cannot be reversed with out-of-the-box neoliberal policies. Instead, the city's bankruptcy precipitated a breakdown of an interscalar growth coalition, and local actors have embraced a plan for Detroit's future which diverges from 'austerity urbanism' favoured by extra-local investors in significant ways. Importantly, local actors have embraced a plan that seeks to improve the quality of life for the city's residents in the context of irreversible degrowth. I refer to this as degrowth machine politics and I examine the extent to which its emergence may foster contingency and progressive urban politics.
Art. 1. This law is enacted to meet the need for development of the planned socialist commodity economy and for economic reform, to promote the independence of business management of the enterprises under the ownership by the whole people, to strengthen the system of economic responsibility and democratic management, to improve business management and economic performance, and to protect the lawful rights and interests of debtors and creditors. Art. 2. This law applies to enterprises under the ownership of the whole people. Art. 3. Enterprises that sustain serious loss due to inappropriate management and that are unable to pay off debts that mature will be declared bankrupt in accordance with the provisions of this law. Notwithstanding the petition for declaration of bankruptcy by creditors, an enterprise will not be declared bankrupt if there is one of the following:(i) the enterprise is one which is engaged in public utility or is of great significance to the national interest and people's livelihood, and for which the pertinent departments of government have provided funds or other assistance to pay the debts; (ii) the enterprise is one that has obtained a guarantee and has paid its debts within six months from the date when the petition for declaration of bankruptcy is filed. Notwithstanding the petition for declaration of bankruptcy by creditors, the bankruptcy proceedings will be suspended where the competent department petitions for reorganization and a conciliation agreement is reached between the enterprise and the meeting of the creditors. Art. 4. The State will appropriately arrange, through various channels, for the employees of bankrupt enterprises to have new employment, and will ensure that they receive basic living necessities prior to their new employment. The State Council will formulate specific methods separately. Art. 5. The jurisdiction of bankrupt cases is vested with the People's Court of the place where the debtor is situated. Art. 6. Where this law fails to provide for applicable ...
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In conducting businessactivity, it is possible that a commanditaire vennootshcap (CV) has some debts to other parties, which is the debt is one of the requirements in the petition for bankruptcy statement. Based on this matter, it is interesting to examine the verdict of commercial court related to the declaration of bankruptcy decision experienced by CV as a non-legal entity. This research type is normative juridical research, and the data used for this research are some legislations, documents and books relating bankcruptcy law. The result of this research revealed that CV is a non-legal entity. Thus, it should not be a CV. Maju Jaya Bogor that is declared bankrupt in this case, but complementary ally (active) from CV Maju Jaya Bogor.
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In: Eastern economic journal: EEJ, Band 41, Heft 1, S. 152-154
ISSN: 1939-4632
In: Eastern European economics: EEE, Band 31, Heft 1, S. 47-64
ISSN: 1557-9298
In: University of Chicago Law Review, Band 79, Heft 2, S. 677
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In: Roczniki Nauk Prawnych, Band 28, Heft 3 ENGLISH ONLINE VERSION, S. 129-150
ISSN: 2544-5227
The study outlines three concepts of legal regulation of the concept of insolvency based on the pre-war bankruptcy law, the bankruptcy and reorganization law and the new bankruptcy law in force today. The aim is to capture the overall direction of the optimal model of regulation. The concept of insolvency, which determines the possibility of opening bankruptcy proceedings, is of key importance here. Bankruptcy, which typically entails stigmatisation of an undertaking to a lesser or greater degree, has a negative impact on its social and economic environment. A declaration of bankruptcy is, albeit imperfect, an alternative to a singular enforcement, which leads to the satisfaction of one creditor at the expense of the others. The legal regulation of insolvency should weigh up the interests of the debtor and his creditors. The new "philosophy" of understanding the notion of insolvency can be partly reconciled with the achievements of the pre-war bankruptcy law. At the same time, the legislator should be open to new solutions, which are in step with the practice of law enforcement.
In: Journal of ecohumanism, Band 3, Heft 8
ISSN: 2752-6801
This study examines the application of the principle of exceptio non adimpleti contractus as a legal safeguard for debtors in bankruptcy cases, addressing the increasing tendency of Indonesian bankruptcy law to favor creditors. Using a normative legal research method, the study analyzes legislation, case law, and judicial decisions to explore how this principle can prevent unjust declarations of bankruptcy. The findings highlight the potential of exceptio non adimpleti contractus to recalibrate the creditor-debtor dynamic, ensuring equitable treatment and fostering a more balanced legal framework. These insights are particularly relevant in the context of modern legal systems adapting to economic complexities, offering both theoretical contributions and practical implications.
This report is categorized into four categories: (I) Who can file under chapter 9?, (II) What are the Benefits of Chapter 9 for the Municipal Debtor?, (III) Notable Chapter 9 Cases and (IV) Recent Developments.
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In: Journal of Comparative Legislation and International Law, Band 18, S. 262-265
In: Differences: a journal of feminist cultural studies, Band 31, Heft 3, S. 76-90
ISSN: 1527-1986
Financially choked by economic and demographic decline, the city of Detroit filed for Chapter 9 bankruptcy federal protection in 2013. In what sense can a situation of generalized insolvency be said to pave the way for the utopia of a debt-free world? Avoiding the easy symbolism that so often transforms Detroit and its inhabitants into an exciting thought experiment, Benjamin Markovits's novel You Don't Have to Live Like This (2015) offers a nuanced answer to this question, challenging the capitalist narrative of revival as much as the alternative promise of self-sufficiency. Far from being spared the anxiety of financial collapse, life without debt reveals worlds of precarious possibilities where mutual aid and autonomy go hand in hand with greater vulnerability.