Constrained equal awards(CEA), also called constrained equal gains, is a division rule for solving bankruptcy problems. According to this rule, each claimant should receive an equal amount, except that no claimant should receive more than his/her claim. In the context of taxation, it is known as leveling tax. [1]
There is a certain amount of money to divide, denoted by (=Estate or Endowment). There are nclaimants. Each claimant i has a claim denoted by . Usually, , that is, the estate is insufficient to satisfy all the claims.
The CEA rule says that each claimant i should receive , where r is a constant chosen such that . The rule can also be described algorithmically as follows:
Examples with two claimants:
Examples with three claimants:
In the Jewish law, if several creditors have claims to the same bankrupt debtor, all of which have the same precedence (e.g. all loans have the same date), then the debtor's assets are divided according to CEA. [2] [3]
The CEA rule has several characterizations. It is the only rule satisfying the following sets of axioms:
The constrained equal losses (CEL) rule is the dual of the CEA rule, that is: for each problem , we have .
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.
Debt restructuring is a process that allows a private or public company or a sovereign entity facing cash flow problems and financial distress to reduce and renegotiate its delinquent debts to improve or restore liquidity so that it can continue its operations.
A creditor or lender is a party that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property or service to the second party under the assumption that the second party will return an equivalent property and service. The second party is frequently called a debtor or borrower. The first party is called the creditor, which is the lender of property, service, or money.
In the United States, bankruptcy is largely governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States". Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
A Proof of claim in bankruptcy, in United States bankruptcy law, is a document filed with the Court so as to register a claim against the assets of the bankruptcy estate. The claim sets out the amount that is owed to the creditor as of the date of the bankruptcy filing and, if relevant, any priority status. Although a document called a Claim in Bankruptcy is used in proceedings in both Canada and the United States, in the United States, the document is properly termed a Proof of Claim. The form is different although they share many similar aspects.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is a legislative act that made several significant changes to the United States Bankruptcy Code.
A bankruptcy problem, also called a claims problem, is a problem of distributing a homogeneous divisible good among people with different claims. The focus is on the case where the amount is insufficient to satisfy all the claims.
Consumer bankruptcy in Canada is governed by the Bankruptcy and Insolvency Act ("BIA"). The legislation is complemented by regulations, as well as directives from the Office of the Superintendent of Bankruptcy that provide guidelines to trustees in bankruptcy on various aspects of the BIA.
Bankruptcy in the United Kingdom is divided into separate local regimes for England and Wales, for Northern Ireland, and for Scotland. There is also a UK insolvency law which applies across the United Kingdom, since bankruptcy refers only to insolvency of individuals and partnerships. Other procedures, for example administration and liquidation, apply to insolvent companies. However, the term 'bankruptcy' is often used when referring to insolvent companies in the general media.
|belowstyle = background-color:transparent; border-top:#aaa 1px solid;; |below = }} The Bankruptcy and Insolvency Act is one of the statutes that regulates the law on bankruptcy and insolvency in Canada. It governs bankruptcies, consumer and commercial proposals, and receiverships in Canada.
An individual voluntary arrangement (IVA) is a formal alternative in England and Wales for individuals wishing to avoid bankruptcy. In Scotland, the equivalent statutory debt solution is known as a protected trust deed.
The rule in Dearle v Hall (1828) 3 Russ 1 is an English common law rule to determine priority between competing equitable claims to the same asset. The rule broadly provides that where the equitable owner of an asset purports to dispose of his equitable interest on two or more occasions, and the equities are equal between claimants, the claimant who first notifies the trustee or legal owner of the asset shall have a first priority claim.
Subordination in banking and finance refers to the order of priorities in claims for ownership or interest in various assets.
United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts. While UK bankruptcy law concerns the rules for natural persons, the term insolvency is generally used for companies formed under the Companies Act 2006. Insolvency means being unable to pay debts. Since the Cork Report of 1982, the modern policy of UK insolvency law has been to attempt to rescue a company that is in difficulty, to minimise losses and fairly distribute the burdens between the community, employees, creditors and other stakeholders that result from enterprise failure. If a company cannot be saved it is liquidated, meaning that the assets are sold off to repay creditors according to their priority. The main sources of law include the Insolvency Act 1986, the Insolvency Rules 1986, the Company Directors Disqualification Act 1986, the Employment Rights Act 1996 Part XII, the EU Insolvency Regulation, and case law. Numerous other Acts, statutory instruments and cases relating to labour, banking, property and conflicts of laws also shape the subject.
The history of bankruptcy law begins with the first legal remedies available for recovery of debts. Bankruptcy is the legal status of a legal person unable to repay debts.
Cross-border insolvency regulates the treatment of financially distressed debtors where such debtors have assets or creditors in more than one country. Typically, cross-border insolvency is more concerned with the insolvency of companies that operate in more than one country rather than bankruptcy of individuals. Like traditional conflict of laws rules, cross-border insolvency focuses upon three areas: choice of law rules, jurisdiction rules and enforcement of judgment rules. However, in relation to insolvency, the principal focus tends to be the recognition of foreign insolvency officials and their powers.
Constrained equal losses(CEL) is a division rule for solving bankruptcy problems. According to this rule, each claimant should lose an equal amount from his or her claim, except that no claimant should receive a negative amount. In the context of taxation, it is known as poll tax.
The proportional rule is a division rule for solving bankruptcy problems. According to this rule, each claimant should receive an amount proportional to their claim. In the context of taxation, it corresponds to a proportional tax.
The contested garment (CG) rule, also called concede-and-divide, is a division rule for solving problems of conflicting claims. The idea is that, if one claimant's claim is less than 100% of the estate to divide, then he effectively concedes the unclaimed estate to the other claimant. Therefore, we first give to each claimant, the amount conceded to him/her by the other claimant. The remaining amount is then divided equally among the two claimants.
A strategic bankruptcy problem is a variant of a bankruptcy problem in which claimants may act strategically, that is, they may manipulate their claims or their behavior. There are various kinds of strategic bankruptcy problems, differing in the assumptions about the possible ways in which claimants may manipulate.
The ensuing laws apply when creditors whose promissory notes are dated on the same date all come to expropriate property together... How is the property divided?
- If when the property is divided in equal portions according to the number of creditors, the person owed the least will receive the amount owed him or less, the property is divided into that number of equal portions.
- If dividing the property into equal portions would give the person owed the least more than he is owed, then... the person owed the least receives the money that he is owed. He then withdraws. The remaining creditors then divide the balance of the debtor's resources in the following manner.
- A person owed three debts: one of 100, one for 200 and one for 300. If all the resources of the debtor total 300, they are divided 100 for each. Similarly, if his resources are less than 300, they should be divided equally among the three.
- If his resources total more than 300 zuz, the 300 should be divided equally and then the person owed 100 should withdraw. The remaining money should be divided equally in this same manner.
- If the debtor's resources total 500 or less, the 300 should be divided equally, and then the person owed 100 should withdraw. The balance of 200 or less should then be divided equally among the remaining creditors, and then the second one withdraws.
- If the debtor's resources total 600, the 300 should be divided equally, and then the person owed 100 should withdraw. They then divide 200 between the two equally, and then the second one withdraws. The 100 that remain should then be given to the person owed 300; he thus receives only 300. The debtor's resources should be divided according to this pattern even if there are 100 creditors, if they come to divide the resources at the same time.