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The Challenges of Bankruptcy Reform

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  • Elena Cirmizi
  • Leora Klapper
  • Mahesh Uttamchandani

Abstract

The 2008 financial crisis was followed by a global economic downturn, a credit crunch, and a reduction in cross-border lending, trade finance, and foreign direct investment, which adversely affected businesses around the world. The consequent increase in the number of firm insolvencies in the corporate sector highlights the need for commercial bankruptcy laws to liquidate efficiently unviable firms and reorganize viable ones, so as to maximize the total value of proceeds received by creditors, shareholders, employees, and other stakeholders. The authors summarize the theoretical and empirical literature on bankruptcy design, discuss the challenges of introducing and implementing bankruptcy reforms, and present examples of how policymakers are trying to take advantage of the current economic downturn as an opportunity to engage in meaningful reform of the bankruptcy process. They also review the main principles of efficient insolvency laws and bankruptcy procedures. Copyright 2012, Oxford University Press.

Suggested Citation

  • Elena Cirmizi & Leora Klapper & Mahesh Uttamchandani, 2012. "The Challenges of Bankruptcy Reform," The World Bank Research Observer, World Bank, vol. 27(2), pages 185-203, August.
    • Handle: RePEc:oup:wbrobs:v:27:y:2012:i:2:p:185-203
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    File URL: http://hdl.handle.net/10.1093/wbro/lkr012
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    Cited by:

    1. Abu Towhid Muhammad Shaker, 2014. "The Equity Performance of U.S. Firms Emerging from Chapter 11 Bankruptcy," International Journal of Business and Social Research, MIR Center for Socio-Economic Research, vol. 4(1), pages 19-30, January.
    2. Abu Towhid Muhammad Shaker, 2014. "The Equity Performance of U.S. Firms Emerging from Chapter 11 Bankruptcy," International Journal of Business and Social Research, LAR Center Press, vol. 4(1), pages 19-30, January.
    3. Si, Haiping & Li, Chengyu & Miao, Miao & Li, Xueyao & Wang, Chao, 2025. "Every coin has two sides: Does bankruptcy judicial reform promote corporate innovation༟," Economic Analysis and Policy, Elsevier, vol. 85(C), pages 1699-1720.
    4. Nicholas Belesis & John Sorros & Alkiviadis Karagiorgos, 2020. "Financial Market Data Versus Accounting Data: Which Better Explains Stock Returns?," International Advances in Economic Research, Springer;International Atlantic Economic Society, vol. 26(1), pages 59-72, February.
    5. Ioana Maria BUCERZAN, 2015. "The Propagation Of Insolvency Among Business In Romania," EURINT, Centre for European Studies, Alexandru Ioan Cuza University, vol. 2, pages 64-79.
    6. Zuzana Crhová & Zuzana Fišerová & Marie Paseková, 2016. "Corporate Insolvency Proceedings: A Case of Visegrad Four," Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis, Mendel University Press, vol. 64(1), pages 235-243.
    7. Goodwin, John & Routledge, James, 2021. "Determinants of the duration of the voluntary administration process: An unconditional quantile regression analysis," Journal of Contemporary Accounting and Economics, Elsevier, vol. 17(3).
    8. Cepec, Jaka & Grajzl, Peter, 2020. "Debt-to-equity conversion in bankruptcy reorganization and post-bankruptcy firm survival," International Review of Law and Economics, Elsevier, vol. 61(C).
    9. Nieto-Carrillo, Ernesto & Carreira, Carlos & Teixeira, Paulino, 2022. "Giving zombie firms a second chance: An assessment of the reform of the Portuguese insolvency framework," Economic Analysis and Policy, Elsevier, vol. 76(C), pages 156-181.
    10. Contractor, Farok J. & Dangol, Ramesh & Nuruzzaman, N. & Raghunath, S., 2020. "How do country regulations and business environment impact foreign direct investment (FDI) inflows?," International Business Review, Elsevier, vol. 29(2).
    11. Jaka Cepec & Peter Grajzl & Katarina Zajc, 2016. "Debt Recovery in Firm Liquidations: Do Liquidation Trustees Matter?," CESifo Working Paper Series 6034, CESifo.
    12. Jaka Cepec & Peter Grajzl & Katarina Zajc, 2016. "Debt Recovery in Firm Liquidations: Do Liquidation Trustees Matter?," Quaderni del Dipartimento di Economia, Finanza e Statistica 24/2016, Università di Perugia, Dipartimento Economia.
    13. Contractor, Farok J. & Nuruzzaman, N. & Dangol, Ramesh & Raghunath, S., 2021. "How FDI Inflows to Emerging Markets Are Influenced by Country Regulatory Factors: An Exploratory Study," Journal of International Management, Elsevier, vol. 27(1).

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