CEU Electronic Theses and Dissertations, 2013
| Author | Basystiuk, Marta |
|---|---|
| Title | COMPARATIVE ANALYSIS OF BUSINESS BANKRUPTCY REORGANIZATION IN THE US AND UKRAINE |
| Summary | This thesis examines the legal frameworks for reorganization of failed companies in the US and Ukraine. It aims to determine whether the procedure of sanatsiya under the Ukrainian Bankruptcy Law is the same procedure of debtor’s rehabilitation as bankruptcy reorganization under the US Bankruptcy Code. The thesis presents a comparative analysis of the two procedures: bankruptcy reorganization and sanatsiya, identifying their meanings, characteristics and elements. The main finding of the thesis is that the procedures of bankruptcy reorganization and sanatsiya cannot be equated, though the latter may include the former. In fact, the results of the analysis have shown that Ukrainian bankruptcy law lacks an effective mechanism of debtor’s reorganization. Acknowledging this problem, it is suggested that the term “business bankruptcy reorganization” and a concept of an automatic stay should be introduced into the Ukrainian bankruptcy law. Furthermore, there is a need to establish legal norms that would assure a debtor’s participation in business bankruptcy reorganization by granting this debtor rights to commence bankruptcy reorganization procedure and draft a plan of this procedure. This thesis includes also suggestions for confirmation procedure of a plan of reorganization. |
| Supervisor | Tibor Tajti |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2013/basystiuk_marta.pdf |
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