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Bankruptcy Law Severity for Debtors: Comparative Analysis Among Selected Countries

Author

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  • Sylwia Morawska
  • Blazej Prusak
  • Przemysław Banasik
  • Katarzyna Pustulka
  • Bartosz Groele

Abstract

Purpose: The objective of this paper is to propose the new indicator of bankruptcy law severity for debtors (BLSI-Bankruptcy Law Severity Index). On the basis of this index we conducted comparative analysis of debtor/creditor friendliness of bankruptcy laws among 27 selected countries. Design/Methodology/Approach: In the research the following methods were used: analysis of legal acts, literature review and expert method. Findings: The empirical results show that the most debtor-friendly bankruptcy and restructuring laws are those of the USA, Ireland and Canada. At the opposite pole were Slovenia, Australia and Austria. It can also be noted that many EU countries have a similar level of BLSI measure, which is most likely a consequence of harmonisation activities undertaken within the Community. Practical Implications: The conducted research enables us to propose the direction of changes in bankruptcy and restructuring laws in the next stage. Originality/value: On the basis of proposed BLSI, we will be able to examine the relationship between the severity of bankruptcy law and innovation, entrepreneurship and the level of development of financial markets in the studied countries.

Suggested Citation

  • Sylwia Morawska & Blazej Prusak & Przemysław Banasik & Katarzyna Pustulka & Bartosz Groele, 2020. "Bankruptcy Law Severity for Debtors: Comparative Analysis Among Selected Countries," European Research Studies Journal, European Research Studies Journal, vol. 0(Special 2), pages 659-686.
    • Handle: RePEc:ers:journl:v:xxiii:y:2020:i:special2:p:659-686
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    References listed on IDEAS

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    Cited by:

    1. Amol Baxi, 2023. "Interim Finance in Creditor-Oriented Bankruptcy Codes: A Study in the Context of Insolvency & Bankruptcy Code, India," Vikalpa: The Journal for Decision Makers, , vol. 48(3), pages 189-205, September.
    2. Błażej Prusak & Paweł Galiński, 2021. "Approval of an Arrangement in the Restructuring Proceedings and the Financial Condition of Companies Listed on the Stock Exchanges in Warsaw. Is There Any Relationship?," JRFM, MDPI, vol. 14(11), pages 1-16, November.
    3. Mariya N. Ivanova & Henrik Nilsson & Milda Tylaite, 2024. "Yesterday is history, tomorrow is a mystery: Directors’ and CEOs’ prior bankruptcy experiences and the financial risk of their current firms," Journal of Business Finance & Accounting, Wiley Blackwell, vol. 51(1-2), pages 595-630, January.
    4. Błażej Prusak & Sylwia Morawska & Michał Łukowski & Przemysław Banasik, 2022. "The impact of bankruptcy regimes on entrepreneurship and innovation. Is there any relationship?," International Entrepreneurship and Management Journal, Springer, vol. 18(1), pages 473-498, March.
    5. Prusak Błażej & Potrykus Marcin, 2022. "Stock price reaction to an arrangement approval in restructuring proceedings – the case of Poland," International Journal of Management and Economics, Warsaw School of Economics, Collegium of World Economy, vol. 58(3), pages 279-298, September.

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    More about this item

    Keywords

    Bankruptcy; Law & Economics; law severity; institutional economics.;
    All these keywords.

    JEL classification:

    • G33 - Financial Economics - - Corporate Finance and Governance - - - Bankruptcy; Liquidation
    • K22 - Law and Economics - - Regulation and Business Law - - - Business and Securities Law

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