2019
DOI: 10.1002/iir.1329
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The role of stakeholders on rejection of bankruptcy applications in the case of “poverty” of the estate: A Polish case study

Abstract: The aim of this article is to supplement the Law and Economics area of science with regard to the scope of the ex ante effectiveness of bankruptcy law using the example of Poland. Bankruptcy law is effective in the ex ante stage when it eliminates from the market insolvent entrepreneurs who cannot even afford to cover the costs of bankruptcy proceedings. In these cases, the bankruptcy court should dismiss the petition for bankruptcy because of “poverty” of the insolvent estate. As a result, the insolvent debto… Show more

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Cited by 6 publications
(8 citation statements)
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“…Research indicates the need for measures that could expand access to financial information of a given indebted enterprise and to fulfill the expectations of bankruptcy specialists for an increase in the availability of financial statements (Bauer, 2018a). The information must pertain to various areas, including costs of bankruptcy proceedings (Prusak et al, 2019) and valuation methods used and the value of the debtor's assets (Smith and Strömberg, 2005;Altman and Hotchkiss, 2006;Newton, 2010;Bauer, 2015). Providing access to financial data in databases of bankruptcy processes increases their transparency and is a source of information for court representatives and creditors, i.e.…”
Section: First Stage Of Empirical Study Results Analysismentioning
confidence: 99%
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“…Research indicates the need for measures that could expand access to financial information of a given indebted enterprise and to fulfill the expectations of bankruptcy specialists for an increase in the availability of financial statements (Bauer, 2018a). The information must pertain to various areas, including costs of bankruptcy proceedings (Prusak et al, 2019) and valuation methods used and the value of the debtor's assets (Smith and Strömberg, 2005;Altman and Hotchkiss, 2006;Newton, 2010;Bauer, 2015). Providing access to financial data in databases of bankruptcy processes increases their transparency and is a source of information for court representatives and creditors, i.e.…”
Section: First Stage Of Empirical Study Results Analysismentioning
confidence: 99%
“…Researchers emphasize the importance of information on the costs of bankruptcy proceedings for the purpose of conducting bankruptcy proceedings (e.g. Altman and Hotchkiss, 2006;March, 2010;Finch, 2012;Morawska, 2013;Bauer, 2013;Staszkiewicz and Morawska, 2019;Prusak et al, 2019). The need to conduct analyses on the costs of insolvency proceedings is also indicated in Bankruptcy Law.…”
Section: Second Stage Of Empirical Research Results Analysismentioning
confidence: 99%
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“…We searched for cross-country applications of the models, where the results may not necessarily be of sufficient importance to attract the audiences of the top tier journals indexed by the WoS. Due to the nature of the identification of the papers' populations, some of the papers not closely related to manufacturing insolvency prediction were omitted (Staszkiewicz and Morawska 2019;Prusak et al 2019;Karkowska 2019;Nocoń and Pyka 2019). The independent variables in the model follow the original methodology and are not standardized, nevertheless the methodology is less subjective than literature review based on researcher experience, and thus our conclusion remains most robust.…”
Section: Discussionmentioning
confidence: 99%