The Provability of Tort Claims in Bankruptcy

Updating claims in bankruptcy problems

We reexamine the consistency axiom in bankruptcy problems and propose arguments in favor of an alternative definition of a reduced problem. The classical definition updates the size of the estate while keeping agents’ claims unaffected. Instead, we suggest updating agents’ claims along with the estate. The resulting consistency axiom characterizes the well-known Random Arrival rule as the uniqu...

Tort Liability Litigation Costs for Commercial Claims

This article analyzes tort liability litigation costs using the Texas Department of Insurance Commercial Liability Insurance Closed Claim database for the years 1988–2004. Insurer costs to defend claims in which a suit was filed average $35,000 per claim in 2004$, which corresponds to a share of 0.18 of total expenditures. Claims with higher stakes and complexity lead to greater reliance on out...

the relationship between tort law and the law of bankruptcy

bankruptcy and tort; two apparently distinct branches of law, but, in fact, some technical and theoretical issues arise from their interaction. these include, among others, the boundaries between personal rights of the victim to damages, exclusively allocated to the bankrupt, and the financial damages , which belong to the creditors ; the problems resulting from the chronological order of the b...

Application of the Bankruptcy Theory and Conflicting Claims on Water Resources Allocation of Zayanderud

Solving the Water conflict and optimal allocation of common water resources are the most important service of cooperative game theory to water economics. Zayandehrud basin is the most important disputed basin in several neighboring provinces in the first class basin of Iran's central plateau. The purpose of this research is to use the game theory with application of Bankruptcy approach (conflic...

Who Pays for Tort Liability Claims? An Economic Analysis of the U.S. Tort Liability System