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68 Uppsatser om Bankruptcy trustee - Sida 1 av 5
Konkursboets miljörättsliga ansvar : Särskilt vid gruvverksamhet i konkurs
The thesis addresses the issue of when a bankruptcy estate, under environmental law, is responsible for the debtor?s environmentally hazardous activities. A fundamental principle of insolvency law is that the bankruptcy estate is not responsible for the debtor?s prior obligations. The environmental legal rules do not distinguish whether an injunction liability is directed against a bankruptcy estate or another operator.
Förhållandet mellan ogiltighetsregler och konkurslagens återvinningsregler - regelhierarki, till vilket pris som helst...?
According to the Swedish Bankruptcy Act (SFS 1987:672) legal transactions can be reopened in cases of bankruptcy, if the transactions have been the cause of or were performed while the debtor was no longer solvent and thus harming the creditors. The legislations of the Bankruptcy Act chapter 4 §5 aim to protect creditors so that the debtor cannot withdraw their property in case of a forthcoming bankruptcy, as well as prevent creditors from taking measures against the debtor when the debtor is in financial difficulties. However, according to the Swedish jurisprudence there is a hierarchy as of according to which legal rules a legal transactions shall be enquired in case of bankruptcy. Firstly, a legal act must be valid, the transaction must thus be valid accordingly to either the law of contract, the law of property or according to the rules of corporate law. Each of these three legal areas have their own rules of annulment and any legal act has to be valid in accordance to any of the rules above before an action of reopening the transaction according to the Bankruptcy Act may be brought before a court.
Managing Credit Risk: Assessing the Probability of Corporate Bankruptcy using Quantitative Risk Analysis
Managing credit risk might be the single most important business area for any commercial bank. The assessment of "good" and "bad" corporate clients is a important task for a creditor. A bad debtor is a corporate client with hardships in meeting the continous claims (interest payments) that a creditor requires. One way of evaluating or separating a "bad" client from a "good" client is to assess the propensity for the client to file for bankruptcy. This thesis examines 226 firms in the Swedsh market in the quest of predicting corporate bankruptcy.
Statens rätt i konkurs : Lika rätt för borgenärerna?
This essay is questioning if the state as an unsecured creditor in a bankruptcy proceeding, according to the principle of equal treatment, has the same rights as the other unsecured creditors. The principle of equal treatment means that creditors with unsecured claims are supposed to have mutually equal rights to dividends in a bankruptcy. In the Swedish bankruptcy law from 1987 there are recycling rules which means that some legal actions taken by the bankrupt debtor before the bankruptcy can be recycled to the bankruptcy estate. These rules do not apply on taxes. This essay analyzes whether the state should have this advantage or not.
Konkursprognostisering : En empirisk studie av småföretag i Sverige
Corporate failures pose a problem for banks, investors, customers, employees andinsurers. With a multivariate discrimination method, the study aims to find the specificfinancial ratios that most accurate reveals a company's financial health, which is ofinterest to all of the above parties. The data consist of 1042 Swedish small enterprisesand 30 different financial ratios between the years 2005?2007. The result shows thatbankrupt firms three years before bankruptcy have a disadvantaged capital structurewith poor solvency and high debt.
Hjälpande makt : En studie om uppdraget som god man
This study illustrates how the power relation between the trustee and principals are experienced and maintained in proportion to the missions design. The main focus lies on understanding of how trustee perceives and applies the mission`s cornerstones and how power can be expressed in the relationship between trustees and principals. Nine semi-structured interviews were conducted with trustees whose principals were mentally disabled. The interviews were then analyzed with the support of Foucault's concept of discipline, knowledge, control, surveillance and reward/punishment and Tilly's theory of persistent inequality We have obtained an understanding of the complexity of the assignment regarding the mission`s cornerstones who goes into every other, and all respondents agreed that the cornerstones should be considered as a whole. We concluded that the trustee on the basis of the mission's design possesses a power that is necessary and important to have regarding the relation to his principal and its social network.
Konkursgäldenärs skiljeavtal : när binder avtalet konkursboet?
Syftet med denna kandidatuppsats är att beskriva gällande rätt kring om och när en konkursgäldenärs skiljeavtal binder dess konkursbo samt konsekvenserna av detta. I dagsläget är rättsområdet osäkert och enbart grundat på praxis, uppsatsen utreder därför även om lagstiftning eller annan utveckling på området är erforderlig. Det har i praxis konstaterats att en konkursgäldenärs skiljeavtal binder dess konkursbo då tvister gäller obligationsrättsliga anspråk och bevakningsförfaranden är aktuella. I praxis kan vidare konstateras att i tvister av sak- och föreningsrättslig karaktär är ett konkursbo inte bundet av konkursgäldenärs skiljeavtal. Tvister avgörs då i enlighet med konkursrättens tvistlösningsmetoder.
Managing Credit Risk: Assessing the Probability of Corporate Bankruptcy using Quantitative Risk Analysis
Managing credit risk might be the single most important business area for any commercial bank. The assessment of "good" and "bad" corporate clients is a important task for a creditor. A bad debtor is a corporate client with hardships in meeting the continous claims (interest payments) that a creditor requires. One way of evaluating or separating a "bad" client from a "good" client is to assess the propensity for the client to file for bankruptcy. This thesis examines 226 firms in the Swedsh market in the quest of predicting corporate bankruptcy.
Earnings management i amerikanska företag tiden innan konkurs
The purpose of this study was to examine earnings quality and earnings management in U.S. ex-post failed firms. A quantitative study was made, using the Modified Jones Model, to identify abnormal accruals up to six years before bankruptcy. 9 003 continuing firms and 187 bankrupt firms, active sometime between 1990 and 2010, were examined. The study concludes that U.S.
Prediktioner och förklaringsmodeller för konkurser i aktiebolag : en studie av tre svenska aktiebolag i konkurs
Title: Predictions and explanation models for bankruptcy in stock-companies ? A study of three failed Swedish companies Author: Tim Svanberg Supervisor: Emil Numminen Department: School of Management, Blekinge Institute of technology Course: Bachelor?s thesis in business administration, 10 credits Purpose: The purpose of the thesis is to find explanation for bankruptcy with the help of prediction models. The purpose is also to add explanation by using Behavioral analysis Method: Quantitative research of bankruptcies using financial prediction models and qualitative study of psychological pitfalls. The study is deductive. Results: I found that it is possible to explain the bankruptcies using the prediction models.
Varför går företag i konkurs? : Företagsledares förklaringar ur ett meningsskapandeperspektiv
This paper is about sensemaking. By using sensemaking we have derived bankruptcy factors from business leaders? own statements about their bankruptcies. The focus in this paper is to ensure how business leaders create meaning about the bankruptcies, which is also our research question.To make the study feasible, we used a method that corresponds well to the purpose of our work. The collection of data started with collecting a number of newspaper articles with direct quotes from business leaders.
Vågor mot klippan? ? en intervjustudie av godmanskapet inom funktionshinderomsorgen och dess praktik
Being a trustee within the disability care will, in most cases, put big responsibility on the trustee both as a representative for the klient but also as a representative for the standards of the society. The assignment as a trustee is to strengthen the client and ease his/her way of living in the society. The Swedish legislation that controls the process and the regulation of the trustees, is by the authors of this paper preceived as kind of vauge, leaving a lot of room for interpretation. So how do trustees comprehend their assignment and how do they actually interpret it? Using material from eight interviews with trustees within the disability care, this paper aims to examine these questions, and focuses only on the trustees and their experiences.
En ny leasingstandard - inverkan på analytikers finansiella krisanalyser
The purpose of this study is to investigate the proposed leasing standard's potential effects on stakeholders' financial key ratios and estimated bankruptcy risk via prediction models based on accounting ratios. This is achieved by adjusting the financial statements in accordance with the three most widely used ways of dealing with operating leases at date; capitalizing using a multiple, capitalizing through a present value method and to not adjust for them at all. Since the discounted method is said to reflect the proposed standard the closest, this version will be compared against the two other versions. The research is based on Nordic retail companies due to their high share of leases. The study shows that the unadjusted key ratios and estimated bankruptcy risks tend to be too low and would therefore deteriorate in combination with the new standard, when again the multiple method results in too weak key ratios and high estimated bankruptcy risk and would therefore tend to improve in combination with the new standard.
Prediktioner och förklaringsmodeller för konkurser i aktiebolag - en studie av tre svenska aktiebolag i konkurs
Title: Predictions and explanation models for bankruptcy in stock-companies
? A study of three failed Swedish companies
Author: Tim Svanberg
Supervisor: Emil Numminen
Department: School of Management, Blekinge Institute of technology
Course: Bachelor?s thesis in business administration, 10 credits
Purpose: The purpose of the thesis is to find explanation for bankruptcy with
the help of prediction models. The purpose is also to add explanation by using
Behavioral analysis
Method: Quantitative research of bankruptcies using financial prediction models
and qualitative study of psychological pitfalls. The study is deductive.
Results: I found that it is possible to explain the bankruptcies using the
prediction models. The behavioural perspective adds further explanation.
Konkursprognostisering : Tillämpning av en konkursprognosisteringsmodell på små svenska aktiebolag
Bankruptcy is a problem for the society in form of high costs for including suppliers, customers, employees, investors, banks, insurance companies etc. The purpose of this study is to confirm or dismiss a bankruptcy prediction model that has been developed in a previous Swedish study, in order to predict bankruptcy with help of specific key figures. The model has only been tested in a larger perspective where the population consisted of all small firms in Sweden, in this study the model´s reliability is tested by that it instead been applied to a minor perspective, where the population only includes Stockholm. With a quantitative approach of 12 different key figures from a total of 60 Swedish smaller registered companies in Stockholm between the years 2005-2007, has been studied. The companies are divided into two groups, companies with good financial health and companies that have ended up in bankruptcy.The results shows that the model is applicable in a smaller population, but some of the key figures do not generate essential or any type of information about bankruptcy, but the majority of the key figures in the model did.