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, American bankruptcy law subsidizes these arrangements relative to other financing channels. By subsidizing them, the rules …, because the superpriorities in the Bankruptcy Code are available only for short-term financing arrangements, they thereby …
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Chrysler entered and exited bankruptcy in 42 days, making it one of the fastest major industrial bankruptcies in memory … that the Chrysler bankruptcy cannot be understood as complying with good bankruptcy practice, that it resurrected …
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During the past century, three decision-making systems have arisen to accomplish a bankruptcy restructuring … the Bankruptcy Code today, with all having been in play for more than a century and with each having had its heyday, its … in bankruptcy thinking, by the happenstance of the interests and views of lawyers that designed bankruptcy changes, and …
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Much has been written and discussed in banking circles about recent rollbacks in prudential regulation, with some seeing the rollbacks as unsafe and others seeing them as allowing stronger financial action. Undiscussed is that the basic taxation of the corporation in the United States—and...
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Recent decades have seen substantial expansion in exemptions from the Bankruptcy Code's normal operation for repurchase … agreements. These repos, which are equivalent to very short-term (often one-day) secured loans, are exempt from core bankruptcy … against eve-of-bankruptcy preferential payment to favored creditors over other creditors. While these exemptions can be …
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Corporate governance incentives at too-big-to-fail financial firms deserve systematic examination. For industrial conglomerates that have grown too large to be efficient, internal and external corporate structural pressures push to resize the firm. External activists press the firm to...
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