自然人破产制度研究

自然人破产是破产制度的起源和基础,其他主体的破产制度是在自然人破产制度基础上发展来的。从我国市场经济发展与社会需求看,随着自然人介入市场程度的增加,出现了大量的债权债务关系,自然人由于经营上的原因或消费上的原因导致到期不能清偿债务的情况也随之大量增多,如何使债权人的债权得到公平实现,同时适当保护债务人的利益,单靠民事诉讼程序已无法解决这些问题,赋予自然人以破产能力,建立自然人破产制度成为我国现行破产立法的必然选择。     

个人信贷业务的深度营销创新研究

个人信贷业务是商业银行经营战略转型的重要选择,个人贷款的深度营销对深入挖掘客户的隐性需求,维系与业务合作者的长期关系,带动营销理念的升级,提高定向营销效率,升级客户价值挖掘,适应差异化市场需求意义巨大。     

The impact of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 repo ‘safe harbor’ provisions on investors

ABSTRACT

The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 significantly expanded the exemptions from the normal workings of the U.S. Bankruptcy Code. Using a large sample of U.S. banks, we study investors’ reaction to news about the promulgation of the BAPCPA repo ‘safe harbor’ provisions and the influence extending such exemptions to repos collateralized by riskier collateral had on equity market information asymmetry. We find a negative market reaction to news events about the promulgation of BAPCPA, which subsequent cross-sectional analysis suggests is at least partly driven by repo exposure. This finding suggests that investors perceived the increase in finance risk from the extension of the ‘safe harbor’ provisions as dominating the perceived gain from accessing cheaper finance. Further, we find that the promulgation of BAPCPA gave rise to increased information asymmetry for banks with repo exposure.     

Closing the Ledger

Using a unique, hand‐collected final dataset of 57 management buy‐outs in distress, this paper analyses the determinants of bankruptcy costs under the UK's receivership regime. We show that the direct costs of receivership consume a significant percentage of the receivership proceeds, with mean receivership costs equal to 30% of receivership proceeds. Importantly we find that while the average length of receivership was 3.0 years, 95% of repayments are made on average within 1.9 years. Our findings do not support the argument that multiple lenders create inefficiencies resulting in significantly lower secured creditor recovery rates. However, when there are multiple secured lenders, the senior secured lender gains at the expense of other secured creditors. We find that receivership costs are positively related to the proportion of secured debt repaid and that, consistent with the presence of a scale effect, the relative significance of receivership costs declines as firm size grows. Receiverships last longer the larger the amount of debt owed to the secured lenders.     

The effect of sequential information releases on trading volume and price behaviour

This paper examines a two-period setting in which each trader receives a private signal, possibly different, in each period before he trades. The principal objectives are threefold. First, we describe the risky asset demands and price reactions in a noisy rational expectations equilibrium where the time 1 average private signal is not revealed by the price sequence but the time 2 average private signal is. Secondly, we analyse how informed trading volume is affected by the revealed information and supply shocks when pure noise trading volume is uncorrected with observable market variables. Our result indicates that no trade occurs for informed traders when net supply remains fixed across rounds of trade. And, when supply shocks are random, trading volume is induced by the informed and the noise traders, but noise trading is not predictable. Finally, we investigate these properties in the case when pure noise trading volume is correlated with observable market variables. It is shown that no informed trading takes place when there is no supply shock. However, when net supply contains random shocks, trading volume consists of noise and informed trading, both of which can be estimated.     

The Epistemic Consumption Object and Postsocial Consumption: Expanding Consumer‐Object Theory in Consumer Research

We introduce the concept of the epistemic consumption object. Such consumption objects are characterized by two interrelated features. First, epistemic consumption objects reveal themselves progressively through interaction, observation, use, examination, and evaluation. Such layered revelation is accompanied by an increasing rather than a decline of the object’s complexity. Second, such objects demonstrate a propensity to change their “face‐in‐action” vis‐à‐vis consumers through the continuous addition or subtraction of properties. The epistemic consumption object is materially elusive and this lack of ontological stability turns the object into a continuous knowledge project for consumers. Via this ongoing cycle of revelation and discovery, consumers become attached to the object in intimate and quasi‐social ways. Therefore, the concept of the epistemic consumption object brings the “object” directly into theorizations of consumer‐object relations, extending current theories of relationship, product involvement, and consumption communities. We draw from research with individual online investors to illustrate the theory of the epistemic consumption object.     

Franchisor Insolvency in Australia: Profiles,Factors, and Impacts

Franchisor failure is enduring and important in terms of cost, nationally and internationally. This article presents research into Australian franchisor firms that went into a form of bankruptcy protection known in Australia as “voluntary administration.” The research was driven by the commonality and divergence of the interests of franchisors and franchisees. The article provides an insight into franchisor failure and its effect on franchisees. It presents the substantial literature survey that was used to frame questions for franchisor administrators to understand issues associated with franchisors in administration. The limited data demonstrate diversity in the treatment of franchisees during the franchisor's administration. In Australia, franchisees remain a captive, financially committed counterparty during insolvency and potentially deliver a great financial benefit to the franchisor's creditors. The article concludes that administration of franchisors does not take into account the distinct relationship between franchisors and their franchisees and provides policy recommendations to address this matter.     

什么影响了居民的社会信任水平?——来自广东省的经验证据

采用2004年广东省城市居民调查数据,本文发现,个人因素、社区因素、社会因素都显著影响了居民自身的社会信任水平。年龄越大、单身、有除工作外的其它收入来源、有宗教信仰、担任管理人员、职业变动越少、越乐观、对生活或工作的满意度越高的居民的社会信任水平越高。其次,日常所讲语言不是其所在城市最通行语言、在出现经济困难时得到过街坊邻居、居委会或街道办的帮助、在本市居住的时间越长、在18岁之前就居住在本市、出生地在本省的居民的社会信任水平越高。第三,对政府、媒体、消费者协会的评价越高以及对工会组织评价越低的居民的社会信任水平越高。此外,居民的各种信任分布呈现出"差序格局"的特征。我们的研究为建设诚信社会提供了一个系统的信任发展视角:社会信任水平的提高,不仅需要个体自身的努力,更需要稳定和谐的社区建设、政府治理的改善、媒体作用的发挥以及消费者协会等中介组织的成长。     

人身保险融合化及其警示

传统的人身保险包括人寿保险、健康保险和意外伤害保险,这种划分是以所承保的抽象性或概括性风险的不同为标准的,但实践中许多保险产品均突破了这种划分标准,出现不同人身保险之间保险内容或特点相互融合的趋势,本文对人身保险融合化的具体表现进行了详细列举,并对融合化现象的本质和产生原因进行了分析,最后,阐述了融合化现象对保险机构和监管部门的警示。     

Bankruptcy Prediction for Chinese Firms： Comparing Data Mining Tools With Logit Analysis

China＇s capital market is different from that of the US in economic, political, and socio-cultural ways. China＇s dynamic and fast growing economy for the past decade entails some structural changes and weaknesses and as a consequence, there are some business failures. We propose bankruptcy prediction models using Chinese firm data via several data mining tools and traditional logit analysis. We used Chinese firm data one year prior to bankruptcy and our results suggest that the financial variables developed by Altman （1968） and Ohlson （1980） perform reasonably well in determining business failures of Chinese firms, but the overall prediction rate is low compared with those of the US or other countries＇ studies. The reasons for this low prediction rate may be structural weaknesses resulting from China＇s fast growth and immature capital market.