scholarly journals Odpowiedzialność Skarbu Państwa wobec akcjonariuszy (udziałowców) upadłego za szkodę wyrządzoną przez sąd upadłościowy poprzez niesłuszne orzeczenie o upadłości

2021 ◽  
Vol 32 (1) ◽  
pp. 7-27
Author(s):  
Rafał Adamus ◽  
Keyword(s):  
The State ◽  
Insolvency Law ◽  
Erroneous Decision

This study addresses the issues related to the State Treasury’s liability for damages towards the debtor’s shareholders due to an erroneous decision on the bankruptcy option instead of the restructuring option. The proceedings are initiated at the request of the entitled person. The court decides about opening the proceedings. In practice, there may be a situation in which competing applications are submitted, either aimed at liquidating the debtor’s assets or at its restructuring. The study refers to two legal states: the legal state in force in 2003–2015 and the legal state in force since 2016. The study analyzes the statutory criteria for resolving the conflict between the liquidation and restructuring option, and the premises of the State Treasury’s liability for damages. In the event of such a conflict, the insolvency law gives priority to restructuring over liquidation.

scholarly journals ISSUES OF COMPETITION OF THE RULES OF THE CODE OF UKRAINE ON BANKRUPTCY PROCEDURES AND THE LAW OF UKRAINE “ON EXECUTIVE PROCEEDINGS” IN CASES OF INSOLVENCY OF INDIVIDUALS

2021 ◽  
pp. 32-38
Author(s):  
S.V. Minkovskyi ◽  
◽  
Ye.V. Chypyzhenko ◽  
Keyword(s):  
Foreign Currency ◽  
The State ◽  
Practical Application ◽  
Active Lifestyle ◽  
Insolvency Law ◽  
Consumer Bankruptcy ◽  
Domestic Legislation ◽  
The Law ◽  
Debt Repayment ◽  
Legal Grounds

The Code of Ukraine on Bankruptcy Procedures is the first insolvency law codified in domestic legislation. The legislative novelty is the so-called consumer bankruptcy provided by the Code, the restoration of solvency through the settlement of problem debts of individuals, individuals – entrepreneurs to banks, microfinance organizations, arrears of taxes, fees and other mandatory payments within the framework of litigation, and in case of impossibility – their repayment (write-off) in the procedure of debt repayment. In addition, the new Code offers special conditions for addressing the issue of “foreign currency borrowers”, which has become relevant for many Ukrainians after the financial crisis of 2008. In general, the procedure for restoring the solvency of individuals is designed to encourage responsible borrowing, start or resume business, increase economic activity and taxable income, aimed at preventing crime and unemployment. Such a procedure is beneficial not only to the debtor, but also to the state. An individual, getting rid of debts, returns to active legal work, and the state returns another economic unit to an active lifestyle, acquires another taxpayer. In addition, the procedure provides creditors of the debtor – an individual with legal grounds for instalment and (or) write-off of part of the debt, as well as improving their own financial performance. However, currently many norms of the Code and other acts of the legislation of Ukraine are inconsistent, which causes conflicts during their practical application. The article considers some aspects that arise in cases of insolvency of individuals, individuals – entrepreneurs during the competition of the Code of Ukraine on Bankruptcy Procedures and the Law of Ukraine “On Enforcement Proceedings”, which relate to: suspension of enforcement proceedings during the moratorium on satisfaction of claims creditors; removal of arrests (encumbrances) in the procedure of debt repayment; consequences of the completion of the debt repayment procedure (including the exclusion of a person from the Unified Register of Debtors), identified problematic issues and proposals for their improvement by making appropriate changes to the legislation of Ukraine.

Poland

2020 ◽  
Keyword(s):  
The State ◽  
Specific Reference ◽  
Bankruptcy Law ◽  
Insolvency Law ◽  
The Law

Polish insolvency law regulations were subject to major reforms when the new Restructuring Law and revised Bankruptcy Law came into force on 1 January 2016. Responses provided in this document reflect the state of the law applicable for that date, unless a specific reference to a later date is made.

Belgium

2020 ◽  
Keyword(s):  
Financial Distress ◽  
The State ◽  
Insolvency Law ◽  
The Law

1. Would you, considering the state of insolvency law in your country, say that the law (both substantive and procedural) facilitates or impedes the resolution of financial distress of a business debtor? Please consider it both for:

The state and the development of corporate insolvency law in China and Russia

2013 ◽  
Vol 2 (3) ◽  
pp. 212-224
Author(s):  
Dennis Lai Hang Hui
Keyword(s):  
The State ◽  
Insolvency Law ◽  
Corporate Insolvency

Practical Picture Processing

1974 ◽  
Vol 32 ◽  
pp. 338-339
Author(s):  
T. A. Welton
Keyword(s):  
Radiation Damage ◽  
Coherence Length ◽  
Spatial Information ◽  
State Of The Art ◽  
Coherent Radiation ◽  
The State ◽  
Energy Spread ◽  
Electron Micrograph ◽  
Picture Processing ◽  
Molecular Skeleton

Various authors have emphasized the spatial information resident in an electron micrograph taken with adequately coherent radiation. In view of the completion of at least one such instrument, this opportunity is taken to summarize the state of the art of processing such micrographs. We use the usual symbols for the aberration coefficients, and supplement these with £ and 6 for the transverse coherence length and the fractional energy spread respectively. He also assume a weak, biologically interesting sample, with principal interest lying in the molecular skeleton remaining after obvious hydrogen loss and other radiation damage has occurred.

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