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- Title
DERIVATIVES AND COLLATERAL: BALANCING REMEDIES AND SYSTEMIC RISK.
- Authors
Schwarcz, Steven L.
- Abstract
The article examines whether exempting derivatives transactions from bankruptcy's automatic stay such as the stay of foreclosure actions against collateral is necessary or appropriate in order to minimize systemic risk. It focuses on allowing derivatives counterparties to exercise their contractual enforcement remedies against a debtor or its property. It discusses the significance of the safe harbor in the context of the U.S. bankruptcy law.
- Subjects
RELATED party transactions; BANKRUPTCY lawsuits; FORECLOSURE; SYSTEMIC risk (Finance); DERIVATIVE securities
- Publication
University of Illinois Law Review, 2015, Vol 2015, Issue 2, p699
- ISSN
0276-9948
- Publication type
Article