Efficient Bankruptcy Law in the u.s. and the Netherlands

2014 ◽  
Vol 1 (2) ◽  
pp. 148-211
Author(s):  
Jochem M. Hummelen

Bankruptcy serves to prevent the arising of a common pool problem and to ensure value maximisation of the debtor’s assets. The question is whether in addition to this goal of value maximization, it is efficient to allow the introduction of new substantive policies in the bankruptcy process as to redistribute wealth. The author, in light of Dutch and American bankruptcy law, compares several theories to answer this question about the goals of bankruptcy. He concludes that the introduction of substantive policies leads to inefficient forum shopping and that and the absolute priority of creditors and shareholders should be warranted as much as possible in bankruptcy.

2017 ◽  
Vol 7 (1) ◽  
pp. I-VI
Author(s):  
Maureen Snow Andrade

The United States has the largest market share of international students at 22%, followed by the United Kingdom at 11% (Project Atlas, 2015). The U.S. share has decreased from 28% in 2001 although total numbers ofinternational students are increasing (Project Atlas, 2015). Decreased market share may be due to targeted national strategies in other countries to attract international students. These include immigration policies that not only expedite obtaining a student visa, but provide opportunities to work while studying and permanent jobs and residency after graduation (e.g., Canada, the Netherlands, Germany, Sweden) (Lane, 2015). Nations are also actively recruiting, providing databases with comprehensive information about studying in the country, (e.g., the Netherlands), and offering financial incentives (e.g., Germany)(Lane, 2015). In some cases, countries that once sent students to study abroad (United Arab Emirates, Singapore, Malaysia) are now actively recruiting to host students from their regions (Lane, 2015).


There is no established practise for facilitating out-of-court workouts in Dutch bankruptcy law. However, Dutch private law does allow for an out-of-court composition (buitengerechtelijk akkoord or onderhands akkoord), in which the creditors agree to be paid partially or to be satisfied differently. This solution can be considered practically ineffective, since it requires the consent of all creditors for its realisation. Creditors who refuse to agree with the terms of the composition are still to be paid in full.


Synthese ◽  
2019 ◽  
Author(s):  
H. Orri Stefánsson

AbstractThe veil of ignorance argument was used by John C. Harsanyi to defend Utilitarianism and by John Rawls to defend the absolute priority of the worst off. In a recent paper, Lara Buchak revives the veil of ignorance argument, and uses it to defend an intermediate position between Harsanyi’s and Rawls’ that she calls Relative Prioritarianism. None of these authors explore the implications of allowing that agent’s behind the veil are sensitive to ambiguity. Allowing for aversion to ambiguity—which is both the most commonly observed and a seemingly reasonable attitude to ambiguity—however supports a version of Egalitarianism, whose logical form is quite different from the theories defended by the aforementioned authors. Moreover, it turns out that the veil of ignorance argument neither supports standard Utilitarianism nor Prioritarianism unless we assume that rational people are insensitive to ambiguity.


2011 ◽  
Vol 11 (2) ◽  
pp. 203-222 ◽  
Author(s):  
JOHANNES BINSWANGER ◽  
DANIEL SCHUNK

AbstractMany economists and policy-makers argue that households do not save enough to maintain an adequate standard of living during retirement. However, there is no consensus on the answer to the underlying question about what this standard should be, despite the fact that it is crucial for the design of saving incentives and pension systems. We address this question with a randomized survey design, individually tailored to each respondent's financial situation, and conducted both in the U.S. and The Netherlands. We find that adequate levels of retirement spending exceed 80% of working life spending for a majority of respondents. Minimum acceptable income replacement rates range from 95 to 45% across income quintiles in the U.S., and from 75 to 60% across income quintiles in The Netherlands. The smaller range in The Netherlands may in part reflect the much tighter income distribution there.


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