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has been made, the bankruptcy system is an effective way to implement such a decision. Further, using the bankruptcy … system to effect government funding of a failing industry does not distort the bankruptcy system …
Persistent link: https://www.econbiz.de/10013128786
interaction of the same. For example, under current law, a large hedge fund would be “resolved” under chapter 11 of the Bankruptcy …
Persistent link: https://www.econbiz.de/10013132072
Among the collective wisdom about large corporate bankruptcy cases, the following points are almost undisputed: Longer …
Persistent link: https://www.econbiz.de/10013132378
assets from the debtor in a way that would not be possible in a “normal” bankruptcy case. In particular, we examine how a …
Persistent link: https://www.econbiz.de/10013113937
slightly less, on average, than the debtor's bankruptcy attorneys. I also model the costs of financial advisors and find that … such cases. I conclude by noting how little the Bankruptcy Code as drafted in 1978 is suited to the types of compensation …
Persistent link: https://www.econbiz.de/10013119867
possible ways in which they may be addressed. Using reorganization under chapter 11 bankruptcy to demarcate our discussion into … a set of pre-bankruptcy and post-bankruptcy issues, we review the legal and finance thinking on this issue …
Persistent link: https://www.econbiz.de/10013100244
In this paper our goal is to identify the core of corporate bankruptcy law that parties cannot achieve on their own, no … matter how robust their contract law. Our approach takes organizational law as starting point and we posit that bankruptcy … law is a necessary addition to organizational law. Necessary in that two essential elements of corporate bankruptcy law …
Persistent link: https://www.econbiz.de/10013084615
bankruptcy process that Congress enacted in 1978 …
Persistent link: https://www.econbiz.de/10013160091
Sewerage Authority and its ilk at another. The need for a bankruptcy system to address financial distress varies inversely with … a sovereign's place on the continuum. Queens and kings have no need for bankruptcy. They will pay or rework their debts … only if larger political or economic considerations induce them to do so. A bankruptcy judge, operating under a bankruptcy …
Persistent link: https://www.econbiz.de/10012962330
The paper grows out of two observed trends in corporation bankruptcy practice: first, reorganizations are increasingly … structured by deals agreed to by insiders (including controlling creditors) before cases are filed, and bankruptcy courts have … comply with the Bankruptcy Code. But at the same time, there is a growing backlash – seen not only in academic writing, but …
Persistent link: https://www.econbiz.de/10012826506