The Leniency of Personal Bankruptcy Regulations in the EU Countries

Discussions on personal bankruptcy regulations are usually focused on the controversial effects of leniency on society, economy, financial markets, entrepreneurship, and labour supply. However, the methodology of measuring leniency has been limited to one-time legislative changes or some elements of the US personal bankruptcy system. In contrast, we create a composite index of personal bankruptcy legislations. We calculate the composite index for 25 EU countries and the US as a benchmark, validate the results, and rank the countries according to the leniency of their personal bankruptcy systems. We analyse the index scores by region, law origin, and the age of the regime. We conclude that the systems show high heterogeneity and cannot be clustered by region or legal origin assumed based on former studies. However, there is a strong association between leniency and the age of legislation. Results indicate that personal bankruptcy policies in the EU are usually launched as creditor-friendly and are later shifted to a more lenient direction.

The Impact of the Sharing Economy on Household Bankruptcy

Powered by digital technologies, many peer-to-peer platforms, or what is called the sharing economy, have emerged in the past decade. Although the impact of the sharing economy has received considerable attention over the past few years, extant research has not fully documented the impact of the sharing economy on consumers, workers, industry, or society as a whole. In this study, we exploit the geographical and temporal variation in Uber’s entry to examine its impact on the personal bankruptcy rate as well as on other consumer credit default rates. We empirically document the changes in personal bankruptcy filings after Uber’s entry, and show that personal bankruptcy filings under Chapter 7 experience a drop of 0.047 per 1,000 people after Uber enters a county, which translates to a 3.26% reduction in quarterly bankruptcy filings. Uber’s entry also leads to a reduction in Chapter 13 personal bankruptcy filings, but to a smaller degree (0.018 cases per 1,000 people per quarter). We check the validity of our estimates using business bankruptcy filings, which we find are uncorrelated with Uber’s entry.

China's new bankruptcy rules will lift economic growth

Significance Chinese law at the national level does not include provisions for personal bankruptcy. This prevents resolution of many insolvent companies that involve liabilities from heavily indebted individuals. There is no formal resolution of bankruptcies for sole traders and those unable to fulfil personal guarantees, nor a way for failed entrepreneurs and their families to make fresh starts. Impacts Government efforts to promote entrepreneurship and innovation will have more success as trialling new ideas becomes less risky. Realising the full potential of the law will require changes in attitudes to personal bankruptcy and removal of associated stigma. Implementation will be slower and more difficult in less-developed regions of China that lack Shenzhen's experience.

Bankruptcy filings, flooding, real estate prices and Leading Index

PurposeFlood damage to uninsured single-family homes shifts the entire burden of costly repairs onto the homeowner. Homeowners in the United States and in much of Europe can purchase flood insurance. The Netherlands and Asian countries generally do not offer flood insurance protection to homeowners. Uninsured households incur the entire cost of repairing/replacing properties damaged due to flooding. Homeowners’ policies do not cover damage caused by flooding. The paper examines the link between personal bankruptcy and the severity of flooding events, property prices and financial condition levels.Design/methodology/approachA fully modified ordinary least squares (FMOLS) regression model is developed which uses personal bankruptcy filings as its dependent variable during the years 2000 through 2018. This time-series model considers the association between personal bankruptcy court filings and costly, widespread flooding events. Independent variables were selected that potentially act as mitigating factors reducing bankruptcy filings.FindingsThe FMOLS regression results found a significant, positive association between flooding events and the total number of personal bankruptcy filings. Higher flooding costs were associated with higher bankruptcy filings. The Home Price Index is inversely related to the bankruptcy dependent variable. The R-squared results indicate that 0.65% of the movement in the dependent variable personal bankruptcy filings is explained by the severity of a flooding event and other independent variables.Research limitations/implicationsThe severity of the flooding event is measured using dollar losses incurred by the National Flood Insurance program. A macro-case study was undertaken, but the research results would have been enhanced by examining local areas and demographic factors that may have made bankruptcy filing following a flooding event more or less likely.Practical implicationsThe paper considers the impact of the natural disaster flooding on bankruptcy rates filings. The findings may have implications for multi-family properties as well as single-family housing. Purchasing flood insurance generally mitigates the likelihood of severe financial risk to the property owner.Social implicationsNatural flood insurance is underwritten by the federal government and/or by private insurers. The financial health of private property insurers that underwrite flooding and their ability to meet losses incurred needs to be carefully scrutinized by the insured.Originality/valuePrior studies analyzing the linkages existing between housing prices, natural disasters and bankruptcy used descriptive data, mostly percentages, when considering this association. The study herein posits the same questions as these prior studies but used regression analysis to analyze the linkages. The methodology enables additional independent variables to be added to the analysis.

Economic Education and Household Financial Outcomes during the Financial Crisis

Using cross-sectional data from a nation-wide survey of American head-of-households conducted in the spring of 2010, we examined the ameliorating effects of economic literacy on the probability of specific household financial outcomes resulting from the 2008 financial crisis and the associated Great Recession. A series of probit regressions were estimated to capture the impact of economic literacy on the probability that households experienced job loss, delinquent mortgage payments, delinquent credit card payments, delinquent auto loan payments, loss of home, and personal bankruptcy. The head-of-household’s economic literacy was measured by the level of formal education received in economics and by the score achieved on an in-survey quiz of basic economic concepts and principles. The results indicate that realized quiz scores were correlated with the mitigation of job loss, late payment behavior, and personal bankruptcy, ceteris paribus. However, the results for the impact of formal economic coursework in school were mixed.

24. Personal bankruptcy

The partner or sole trader may be made bankrupt if his liabilities exceed his assets or if he has insufficient liquid assets to pay his current liabilities, even if the value of his total assets exceeds the value of his total liabilities. The law of bankruptcy is mostly contained in the Enterprise Act (EA) 2002. This chapter discusses the bankruptcy procedure; the trustee in bankruptcy; effect of the bankruptcy order on the bankrupt personally; assets in the bankrupt’s estate; distribution of the bankrupt’s assets; duration of the bankruptcy and discharge of the bankrupt; fast track voluntary arrangement scheme; and individual voluntary arrangement.