AUTOMATIC STAY IN PROSECUTING THE BANKRUPT

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ISAEI TAFRESHI MOHAMMAD; SHAHBAZINIA MORTEZA; RAMEZANI AKERDI HABIB

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Journal: PRIVATE LAW Year:2015 | Volume:4 | Issue:12 Page(s): 61-86

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Information Journal Paper

Title

AUTOMATIC STAY IN PROSECUTING THE BANKRUPT

Author(s)

ISAEI TAFRESHI MOHAMMAD | SHAHBAZINIA MORTEZA | RAMEZANI AKERDI HABIB | Issue Writer Certificate

Keywords

BANKRUPTCYQ1

AUTOMATIC STAYQ2

ADEQUATE PROTECTION THEORYQ2

TRUSTEEQ2

CREDITORS’ BARGAIN THEORYQ2

Abstract

In dealing with the BANKRUPTCY regime, the legislator requires legal entities to manage this regime for specific purposes. One of these legal entities that plays a significant role is “automatic stay”. This legal entity is designed to prevent individual action of creditors. Different factors play a role in the efficiency and inefficiency of the AUTOMATIC STAY. The main reasons for efficiency are increasing the value of property of the bankrupt and reducing costs. The main cause of inefficiency is the redistribution of wealth. In Iranian law, a limited scope and the lack of enforcement of the AUTOMATIC STAY are regarded as main reasons for inefficiency of this legal entity. In the United States, the scope of AUTOMATIC STAY is wider than Iranian law, and this legal entity can be enforced in the former. The AUTOMATIC STAY is unavoidable in Iranian law, whereas there are different views in U.S. law in this regard.

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APA: Copy

ISAEI TAFRESHI, MOHAMMAD, SHAHBAZINIA, MORTEZA, & RAMEZANI AKERDI, HABIB. (2015). AUTOMATIC STAY IN PROSECUTING THE BANKRUPT. PRIVATE LAW, 4(12 ), 61-86. SID. https://sid.ir/paper/252700/en

Vancouver: Copy

ISAEI TAFRESHI MOHAMMAD, SHAHBAZINIA MORTEZA, RAMEZANI AKERDI HABIB. AUTOMATIC STAY IN PROSECUTING THE BANKRUPT. PRIVATE LAW[Internet]. 2015;4(12 ):61-86. Available from: https://sid.ir/paper/252700/en

IEEE: Copy

MOHAMMAD ISAEI TAFRESHI, MORTEZA SHAHBAZINIA, and HABIB RAMEZANI AKERDI, “AUTOMATIC STAY IN PROSECUTING THE BANKRUPT,” PRIVATE LAW, vol. 4, no. 12 , pp. 61–86, 2015, [Online]. Available: https://sid.ir/paper/252700/en

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