Publication: Reforming Insolvency Systems in Latin America
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1999-06
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2012-08-13
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The note shares conflicting interests hampering insolvency systems reform in Latin America, and aims at assessing legal weaknesses, to propose some common solutions. Most insolvency systems share two prime objectives: allocating risk among participants in the economy, in a predictable, equitable and transparent way, and, maximizing the value of the insolvent firm for the benefit of all interested parties, and the broader economy. However, current regional problems reflect too rigid and formal insolvency laws; very high degrees of judicial discretion, increasing uncertainty, and financial risks; rampant corruption; absence of enforcement mechanisms to protect creditor interests; and, a powerful, explicit bias in favor of labor claimants, who are highly protected under preferential treatment. The note proposes a common set of essential reforms, to be prioritized according to each county's circumstances. First, disclosure of behind-the-scene dealings should be required, incentives created to combat corruption, rules of conduct setup, and, insolvency professional associations fostered. Second, insolvency laws should clearly differentiate criminal, from bankruptcy issues, where criminal conduct should not preclude insolvency relief to a business in crisis. Third, bankruptcy proceedings demand rapid resolution, by specialized courts, under regional cooperation in cross-border insolvency cases.
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“Rowat, Malcolm. 1999. Reforming Insolvency Systems in Latin America. Viewpoint. © World Bank. http://hdl.handle.net/10986/11474 License: CC BY 3.0 IGO.”
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