scholarly journals Lot Forming within the Framework of Pledged Property Sale in Bankruptcy

JURIST ◽  
2021 ◽  
Vol 5 ◽  
pp. 23-29
Author(s):  
Yuriy A. Kopchenov ◽  
Keyword(s):  
Insolvency Law ◽  
Balance Of Interests ◽  
Special Rights ◽  
Secured Creditors ◽  
Comprehensive Study

The article is devoted to a comprehensive study of joint sale’s of pledged and non-pledged property mechanism. Under this procedure, secured creditors are deprived of their special rights provided by Article 138 of the Russian Insolvency Law. The author pays special attention to the development of an approach that allows to maintain a balance of interests of all creditors.

10 National Report for Germany

2016 ◽  
Author(s):  
Paulus Christoph G ◽  
Berberich Matthias
Keyword(s):  
Insolvency Law ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
Insolvency Proceedings ◽  
Secured Creditors

This chapter discusses the law on creditor claims in Germany. German insolvency law distinguishes between several types of creditors in insolvency proceedings and treats them differently with regard to priority of claims, enforcement, modes of realization, and costs. The doctrinal approach of the German Insolvency Code is not so much a categorization of claims, but rather it takes a view on the creditors. German insolvency law draws a rough distinction between four creditor groups: secured creditors; general insolvency creditors; subordinated creditors; and administration creditors. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.

Procedure for Exercising of Creditors’ Rights under Reorganization

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Андрей Габов ◽  
Andrey Gabov
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Original Text ◽  
Legal Entity ◽  
Optimal Balance ◽  
Balance Of Interests ◽  
The Russian Federation ◽  
Early Performance ◽  
The Right ◽  
Special Rights

Reorganization of a legal entity entails significant risks for different stakeholders. These risks lie in the fact that as a result of reorganization of a legal entity, the structure of its assets and liabilities may cease to exist, or can significantly change. First of all, these risks affect creditors’ interests. Because of such risks the law provides special rights to creditors during reorganization of a legal entity – the debtor in respect of the obligation. Article 60 of the Civil Code of the Russian Federation grants creditors the right to demand early performance of obligations, should a legal entity – the debtor adopt the decision on its reorganization, and if early performance is not possible, to require the termination of obligations and compensation for losses. The article analyzes the procedure for exercising of creditors’ special rights during reorganization of a legal entity. The author analyzes the original text of the Civil Code and subsequent amendments. Relevance of the article is determined by the changes in the procedure for exercising of the rights of reorganized legal persons’ creditors, which were introduced to article 60 of the Civil Code in 2014. The author concludes that the legislator has failed to find a proper (optimal) balance of interests in the current regulation of the relations between creditors and reorganized legal entities — debtors.

Comparative Corporate Insolvency Law

2016 ◽  
Author(s):  
Horst Eidenmüller
Keyword(s):  
Economic Efficiency ◽  
Financial Distress ◽  
Agency Problems ◽  
Functional Approach ◽  
Bankruptcy Law ◽  
Insolvency Proceeding ◽  
Insolvency Law ◽  
The Us ◽  
Corporate Insolvency ◽  
Secured Creditors

This chapter deals with fundamental issues of corporate insolvency (bankruptcy) law. Particular attention is paid to the agency problems related to “insolvency (bankruptcy) governance” of corporations and how these problems are addressed in various jurisdictions. Methodologically, the chapter is based on a functional approach that compares different legal regimes against the yardstick of economic efficiency. The structure of the chapter follows the issues as they arise in time in a corporate insolvency proceeding: objectives of insolvency laws, opening and governance of proceedings, ranking of claims and the position of secured creditors and shareholders, and rescue proceedings. The chapter also covers the contractual resolution of financial distress. It concludes with thoughts on the reasons for the identified jurisdictional divergences and an outlook on the worldwide efforts toward harmonization of (corporate) insolvency laws. In terms of jurisdictions, the chapter mainly draws on the corporate insolvency laws in the US, England, France, and Germany.

17 National Report for Spain

2016 ◽  
Author(s):  
Tirado Ignacio
Keyword(s):  
Civil Code ◽  
Regulatory Regime ◽  
Insolvency Law ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
Insolvency Proceedings ◽  
Secured Creditors

This chapter discusses the law on creditor claims in Spain. Spain’s current insolvency regulatory regime resulted from the reorganization and modernization that took place with the passing of the 2003 Insolvency Law (Ley Concursal). The ranking of claims under the Insolvency Law coexists with a ranking of claims for execution in individual proceedings, regulated in the Civil Code. The Spanish system has been generally respectful of the pre-insolvency entitlements of secured creditors; provides priority for post-commencement financing; and includes different tiers of priorities for certain categories of creditors. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.

Rights of Secured Creditors under Indian Insolvency Law

2021 ◽  
Author(s):  
Suharsh Sinha ◽  
Gausia Shaikh ◽  
Urmika Tripathi
Keyword(s):  
Insolvency Law ◽  
Secured Creditors

Progress In The Practical Application Of Automated Image Analysis To Tem Negatives

1977 ◽  
Vol 35 ◽  
pp. 214-217
Author(s):  
F. A. Heckman ◽  
E. Redman ◽  
J.E. Connolly
Keyword(s):  
Image Analysis ◽  
Image Quality ◽  
Exposure Time ◽  
Image Contrast ◽  
Automated Image Analysis ◽  
Practical Application ◽  
Factors Affecting ◽  
High Image Quality ◽  
Qualitative Evidence ◽  
Comprehensive Study

In our initial publication on this subject1) we reported results demonstrating that contrast is the most important factor in producing the high image quality required for reliable image analysis. We also listed the factors which enhance contrast in order of the experimentally determined magnitude of their effect. The two most powerful factors affecting image contrast attainable with sheet film are beam intensity and KV. At that time we had only qualitative evidence for the ranking of enhancing factors. Later we carried out the densitometric measurements which led to the results outlined below.Meaningful evaluations of the cause-effect relationships among the considerable number of variables in preparing EM negatives depend on doing things in a systematic way, varying only one parameter at a time. Unless otherwise noted, we adhered to the following procedure evolved during our comprehensive study:Philips EM-300; 30μ objective aperature; magnification 7000- 12000X, exposure time 1 second, anti-contamination device operating.

Hexachlorobenzene toxicity in the monkey ovary: III. Ultrastructure induced by high (10 mg/kg) dose exposure

1991 ◽  
Vol 49 ◽  
pp. 130-131
Author(s):  
A. Singh ◽  
A. Dykeman ◽  
J. Jarrelf ◽  
D. C. Villeneuve
Keyword(s):  
Present Report ◽  
Reproductive Toxicity ◽  
Control Group ◽  
Primate Model ◽  
Human Follicular Fluid ◽  
Thin Sections ◽  
Cynomolgus Monkeys ◽  
Cacodylate Buffer ◽  
Induction Cycle ◽  
Comprehensive Study

Hexachlorobenzene (HCB), a persistent and mobile organochlorine pesticide, occurs in environment. HCB has been shown to be present in human follicular fluid. An objective of the present report, which is part of a comprehensive study on reproductive toxicity of HCB, was to determine the cytologic effects of the compound on ovarian follicles in a primate model.Materials and Methods. Eight Cynomolgus monkeys were housed under controlled conditions at Animal facility of Health and Welfare, Ottawa. Animals were orally administered gelatin capsules containing HCB mixed with glucose in daily dosages of 0.0 or 10 mg/kg b.w. for 90 days; the former was the control group. On the menstrual period following completion of dosing, the monkeys underwent an induction cycle of superovulation. At necropsy, one-half of an ovary from each animal was diced into ca. 2- to 3-mm cubed specimens that were fixed by immersion in 2.5% glutaraldehyde in 0.1 M cacodylate buffer (pH 7.3). Subsequent procedures followed to obtain thin sections that were examined in a Hitachi H-7000 electron microscope have been described earlier.

Comparison of Substructures Between Uniaxial and Biaxial Deformation in 1100-0 Aluminum

1981 ◽  
Vol 39 ◽  
pp. 52-53
Author(s):  
D. L. Rohr ◽  
S. S. Hecker
Keyword(s):  
Plastic Strain ◽  
Cell Walls ◽  
Room Temperature ◽  
Mechanical Response ◽  
Biaxial Tension ◽  
Initial Deformation ◽  
Uniaxial Deformation ◽  
Biaxial Deformation ◽  
Stress States ◽  
Comprehensive Study

As part of a comprehensive study of microstructural and mechanical response of metals to uniaxial and biaxial deformations, the development of substructure in 1100 A1 has been studied over a range of plastic strain for two stress states.Specimens of 1100 aluminum annealed at 350 C were tested in uniaxial (UT) and balanced biaxial tension (BBT) at room temperature to different strain levels. The biaxial specimens were produced by the in-plane punch stretching technique. Areas of known strain levels were prepared for TEM by lapping followed by jet electropolishing. All specimens were examined in a JEOL 200B run at 150 and 200 kV within 24 to 36 hours after testing.The development of the substructure with deformation is shown in Fig. 1 for both stress states. Initial deformation produces dislocation tangles, which form cell walls by 10% uniaxial deformation, and start to recover to form subgrains by 25%. The results of several hundred measurements of cell/subgrain sizes by a linear intercept technique are presented in Table I.

Microvasculature and structure of hemal lymph nodes in the wall of the rabbit bladder: a vascular corrosion casting and EM study

1995 ◽  
Vol 53 ◽  
pp. 1074-1075
Author(s):  
F.E. Hossler ◽  
M.I. McKamey ◽  
F.C. Monson
Keyword(s):  
Lymph Nodes ◽  
Light Microscopy ◽  
Corrosion Casting ◽  
Fixed Tissue ◽  
Infusion Pressure ◽  
India Ink ◽  
Cacodylate Buffer ◽  
Rabbit Bladder ◽  
Lateral Walls ◽  
Comprehensive Study

A comprehensive study of the microvasculature of the normal rabbit bladder, revealed unusual "capillary glomeruli" along the lateral walls. Here they are characterized as hemal lymph nodes using light microscopy, SEM, TEM, ink injection, and vascular casting.Bladders were perfused via a cannula placed in the abdominal aorta with either 2% glutaraldehyde in 0.1M cacodylate buffer (pH 7.4) for fixation, 10% India ink in 0.9% saline and 0.1M phosphate (pH 7.4) for vessel tracing, or resin (Mercoximethylmethacrylate: catalyst, 4:1:0.3; Ladd Research Industries) for vascular corrosion casting. Infusion pressure was 100mm Hg. Fixed tissue was sectioned from epon-araldyte resin, and stained with toluidine blue for light microscopy, and lead and uranium for TEM. Ink injected tissue was photographed directly from saline-filled bladders illuminated from below. Resin-filled tissue was macerated in 5% KOH and distilled water. Casts were critical point dried, sputter coated with goldpalladium, and examined by routine SEM at 10 KV.

On one event in the history of reforms in China

2017 ◽  
pp. 140-147
Author(s):  
A. Yakovlev
Keyword(s):  
Market Development ◽  
Market Reforms ◽  
Deng Xiaoping ◽  
Balance Of Interests ◽  
History Of ◽  
Party Congress ◽  
Chinese Reforms

The paper analyzes confrontation concerning continuation of market reforms between main groups in Chinese elite after Tiananmen in 1989 and collapse of USSR in 1991. It considers in details the ‘southern tour’ of Deng Xiaoping in early 1992 and its impact on the balance of interests in Chinese elites before the 14th party congress. The paper shows also the specifics of Chinese reforms which combine market development with creation of rents for main elite groups.

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