The Impact of the 2005 Bankruptcy Law on Subprime Mortgage Performance

2010 ◽  
Author(s):  
Jie Qun Guo
Keyword(s):  
Bankruptcy Law ◽  
Subprime Mortgage ◽  
The Impact

scholarly journals Kedudukan Sita Umum Terhadap Sita Lainnya Dalam Proses Kepailitan (The Position Of General Seizure Towards Others In The Process Of Bankrupcy)

2019 ◽  
Vol 9 (2) ◽  
pp. 217-234
Author(s):  
Luthvi Febryka Nola
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Secondary Data ◽  
Bankruptcy Law ◽  
Legal Research ◽  
Legal Principles ◽  
Time Period ◽  
Library Studies ◽  
The Impact

Article 31 paragraph (1) and paragraph (2) of the Indonesian Bankruptcy Law stipulate that all seizures that have been determined on the debtor's assets are null and void since the bankruptcy verdict is pronounced and since then the only validity is general seizure. However, in its practice various seizures are still stipulated on bankrupt assets ranging from civil, criminal and tax seizures. This paper discusses the forms of seizure in the bankruptcy process, the position of general seizure of other seizures in bankruptcy and the impact of the position of general seizure on debt payments to creditors. The research method used is normative legal research using secondary data collected through library studies and document studies. The various data were then analyzed descriptively and qualitatively. This writing found that there are rules in other laws such as Article 39 paragraph (2) KUHAP and Article 6 paragraph (1) Law No. 19 of 2000 that have ruled out the position of general seizure. The experts in each field of science also have different views regarding the position of general seizure. This condition has resulted in the emergence of friction between law enforcement, inconsistency of judges’ decisions, length of bankruptcy proceedings, injustice, unclear data on bankruptcy assets and reduced bankruptcy assets. Therefore, the understanding of law enforcement regarding legal principles, especially the principle of lex specialis derogate legi generalis, needs to be improved. The use of prejudgment seizure in the bankruptcy process must be socialized to maximize control over bankrupt assets. To avoid prolonged process of bankruptcy, the bankruptcy law should limit the time period for the settlement of assets to the curator.AbstrakPasal 31 ayat (1) dan ayat (2) UU Kepailitan mengatur bahwa segala sita yang telah ditetapkan atas harta kekayaan debitor menjadi hapus semenjak putusan pailit diucapkan dan semenjak itu satu-satunya yang berlaku adalah sita umum. Akan tetapi pada praktiknya berbagai sita tetap ditetapkan atas harta pailit mulai dari sita perdata, pidana dan pajak.  Tulisan ini membahas tentang bentuk-bentuk sita dalam proses kepailitan, kedudukan sita umum terhadap sita lainnya dalam kepailitan dan dampak dari kedudukan sita umum terhadap pembayaran utang kepada para kreditor. Adapun metode penelitian yang digunakan adalah penelitian hukum normatif dengan menggunakan data sekunder yang dikumpulkan melalui kegiatan studi perpustakaan maupun studi dokumen. Berbagai data tersebut kemudian dianalisis secara deskriptif-kualitatif. Penulisan ini menemukan bahwa adanya aturan dalam UU lain seperti Pasal 39 ayat (2) KUHAP dan Pasal 6 ayat (1) UU No. 19 Tahun 2000 telah mengesampingkan kedudukan sita umum. Ahli masing-masing bidang ilmu juga memiliki pandangan yang berbeda terkait kedudukan sita umum.  Kondisi ini berdampak pada munculnya pergesekan antara penegak hukum, inkonsistensi putusan hakim, lamanya proses kepailitan, terjadi ketidakadilan, ketidakjelasan data harta pailit, berkurang bahkan hilangnya harta pailit. Oleh sebab itu, pemahaman penegak hukum tentang asas hukum terutama asas lex specialis derogate legi generalis perlu ditingkatkan. Penggunaan lembaga sita jaminan dalam proses kepailitan harus disosialisasikan untuk memaksimalkan penguasaan terhadap harta pailit. Supaya proses kepailitan tidak berlarut-larut, UU kepailitan harusnya membatasi jangka waktu penyelesaian aset kepada kurator.

scholarly journals SUBPRIME MORTGAGE CRISIS IN THE UNITED STATES IN 2007–2008: CAUSES AND CONSEQUENCES (PART I)

Ekonomika ◽  
2015 ◽  
Vol 93 (4) ◽  
pp. 85-118 ◽  
Author(s):  
Vaidotas Pajarskas ◽  
Aldona Jočienė
Keyword(s):  
United States ◽  
Federal Reserve ◽  
The United States ◽  
Mortgage Market ◽  
Subprime Mortgage ◽  
Market Expansion ◽  
Mortgage Crisis ◽  
Subprime Mortgage Crisis ◽  
The Government ◽  
The Impact

The main purpose of this article is to determine which factors and how contributed to the subprime mortgage crisis in the United States in 2007–2008, what their causal links and effects on the markets and the whole economy were, and to assess what actions could have been taken by the Federal Reserve and the Government in order to mitigate or prevent the consequences of subprime mortgage crisis and housing bubble. In order to obtain the research results, the authors performed a qualitative analysis of the scientific literature on the course of events and their development that led to the subprime mortgage crisis, and focused on the insufficiently regulated home mortgage market expansion, the impact on the subprime mortgage crisis of financial innovations and financial engineering, poorly evaluated systemic risks and policy undertaken by both the U.S. Government and the Federal Reserve before and after the crisis. The quantitative research focused on two main parts: firstly, analysis of the dependence between the causes of subprime mortgage crisis and the consequences, using a statistical and regression analysis, and secondly, an alternative path the Government and the Federal Reserve could have taken in their policy actions and the results they could have produced. The authors believe that the results of the research could give useful guidelines to the central bankers and government officials on how to make long-term decisions that can help in preparing for the financial distress, mitigating the consequences when the crisis strikes, accelerating the recovery and even preventing the crisis it in the future. The second part of the qualitative research will appear in the next issue of the journal.

Research on Influence of the Balance Sheet Channel Effect on Enterprise Investment

2014 ◽  
Vol 998-999 ◽  
pp. 1610-1613
Author(s):  
Jing Jing Fu
Keyword(s):  
Balance Sheet ◽  
Subprime Mortgage ◽  
Coverage Ratio ◽  
Corporate Influence ◽  
Channel Effect ◽  
Balance Sheet Channel ◽  
Mortgage Crisis ◽  
Before And After ◽  
Channel Effects ◽  
The Impact

In this paper, we selected 98 listed companies as simples and by studying their investment behavior before and after the U.S. subprime mortgage crisis in 2008, we make an empirical analysis of the effect of the balance sheet channel on China's enterprises. Adopt changes in net assets due to changes in asset prices as a variable measure of the balance sheet channel effects, reflecting the impact of the mechanism of direct investment. The results show that: before the crisis, the balance sheet channel effect for low interest coverage ratio greater corporate influence; after the crisis, the impact of the mechanism for the enterprise becomes low interest coverage ratio is not significant, but the impact of high interest coverage ratio of enterprises is still significant, and the impact is greater than before.

The Impact of International Hot Money in International Commodity Future Markets during the Subprime Mortgage Crisis

2010 ◽  
Vol 171-172 ◽  
pp. 744-747
Author(s):  
Qing Ye ◽  
Li Yan Han
Keyword(s):  
Correlation Coefficients ◽  
Price Volatility ◽  
Return Rate ◽  
Subprime Mortgage ◽  
International Commodity ◽  
Mortgage Crisis ◽  
Subprime Mortgage Crisis ◽  
Commodity Future ◽  
The Impact ◽  
Hot Money

Behavior of traders including investors and speculators in commodity future markets are studied before and after the subprime mortgage crisis. We put our attention on quantity of traders hold positions instead of price volatility or capital return rate of commodity future markets. By standardize correlation coefficients of net positions we try to quantify the impact of speculative funds on behalf of international hot money in international commodity futures markets in the subprime mortgage crisis. Parametric and non-parametric tests are used in this paper. The empirical results reveal that investment directions of speculators do change in crisis and they connect more tightly with markets compared with investors for that their find more opportunities and higher return rate during the Subprime mortgage crisis.

scholarly journals The Impact of Subprime Mortgage Crisis on Islamic Banking and Islamic Stock Market

2012 ◽  
Vol 65 ◽  
pp. 668-673 ◽  
Author(s):  
Bakri Abdul Karim ◽  
Wong Siew Lee ◽  
Zulkefly Abdul Karim ◽  
Mohamad Jais
Keyword(s):  
Stock Market ◽  
Islamic Banking ◽  
Subprime Mortgage ◽  
Mortgage Crisis ◽  
Subprime Mortgage Crisis ◽  
The Impact

scholarly journals The impact of bankruptcy regimes on entrepreneurship and innovation. Is there any relationship?

2021 ◽  
Author(s):  
Błażej Prusak ◽  
Sylwia Morawska ◽  
Michał Łukowski ◽  
Przemysław Banasik
Keyword(s):  
Legal System ◽  
Linear Models ◽  
Least Squares Method ◽  
Point Of View ◽  
Bankruptcy Law ◽  
Cross Sectional ◽  
Research Hypothesis ◽  
Risk Acceptance ◽  
The Impact ◽  
Level Of Risk

AbstractThe literature review indicates that bankruptcy law may play an important role in and be one of the factors influencing the development of entrepreneurship, innovation, and thus economic growth, among other things. In previous studies, the analysis of the impact of bankruptcy law on individual variables has been conducted independently. Our aim was to conduct a holistic analysis, taking several factors into account simultaneously. Therefore, a descriptive model was proposed, based on which the following research hypothesis was formulated: In countries characterised by an effective legal system and at the same time debtor-friendly bankruptcy law, the level of risk acceptance among entrepreneurs is higher, which is reflected in higher levels of entrepreneurship and innovation. Based on the selected variables, a cross-sectional analysis was conducted using linear models estimated on the basis of the least-squares method. Additionally, to strengthen the conclusions drawn, the models were assessed in such a way enabling the analysis of causality as defined by Granger based on the two-step process. The results obtained allowed us to confirm the research hypothesis: in countries characterised by an efficient legal system and at the same time debtor-friendly bankruptcy law, the level of risk acceptance among entrepreneurs is higher, which is reflected in higher levels of entrepreneurship and innovation. The research results are particularly important from the point of view of legislators who are responsible for drafting amendments to bankruptcy law. Including certain debtor-friendly provisions may, in the long run, lead to increased entrepreneurship and innovation, and thus economic development.

Amtek Auto – financing under distress

2021 ◽  
Vol 11 (4) ◽  
pp. 1-42
Author(s):  
Raghupathy M.B.
Keyword(s):  
Corporate Finance ◽  
Financial Distress ◽  
Capacity Utilization ◽  
Bankruptcy Law ◽  
Fixed Costs ◽  
Z Score ◽  
Content Type ◽  
Quality Issue ◽  
Academic Level ◽  
The Impact

Learning outcomes The primary teaching objective is to discuss the capital raising efforts of a firm under financial distress. It also provides supporting data to calculate cost of capital, DuPont/modified DuPont values and Altman’s Z-Score that can appropriately be incorporated into the discussion. Case-B provides information and data of the company’s recent performance and to changes in bankruptcy law in India. Overall, this case study provides ample scope to discuss, understand and provide the solution to the following key corporate finance themes as follows: 1. Analyzing accounting statements and examine potential earnings quality issue. 2. Predicting default and bankruptcy using qualitative analysis, financial ratios, traditional and modified DuPont models and Altman’s Z score model. 3. Examining the capital raising efforts of a distressed firm, which has already defaulted on borrowings. 4. To explore the impact of changes in regulation on the turnaround efforts of the firm as well as on the promoters of the firm. Case overview/synopsis Since 2005, Amtek Auto moved at a breathtaking speed with the goal of reaching $10bn in sales, from the current level of about $1.2bn. The group had acquired more than a dozen companies spending about Rs.5,000cr. ($850m) during this period primarily through borrowed funds. However, the market and business expansion was not happening as expected. The company’s capacity utilization was just about 40% (approx.) during much of this period. The mounting fixed costs of operation and debt servicing grew to the level of unsustainability, led the firm to default on its borrowing. Now the company had to quickly recapitalize itself to run its operations and retain the premier position in auto component industry. The company and its promoters were considering various methods of debt restructuring, asset sale and further equity infusion. Complexity academic level Introductory and elective level corporate finance. Supplementary materials Teaching notes are available for educators only. Subject code CSS 1: Accounting and Finance.

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