Bankruptcy choices condition, i) the efficiency of liquidation or reorganization decisions, ii) the incen-tives delivered to the debtor-in-place and its creditors. On the one hand, there is no incompatibility between a pro-creditors system and the possibility to reach informal agreements and a...

During the last decade, there was a growing body of case law of lender liability in the United States and France. This doctrine, whose prime goal is to protect investors against opportunism by banks, limits the involvement of banks in the management of commercial firms. This article explores the...