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This Comment reviews recent proposals to address the “empty creditor” problem. The author argues that previous … to unnecessary bankruptcy filings …
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assets from the debtor in a way that would not be possible in a “normal” bankruptcy case. In particular, we examine how a … we see in both the United States and Canada - might allow the debtor's management to work with secured lenders to extract … quick sale can be used to cleanse assets of their association with environmental claims. We also consider how the insolvency …
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This chapter, from the forthcoming Research Handbook on the Economics of Corporate Law (Claire Hill & Brett McDonnell, eds.), provides an introduction to the law and economic theory relating to creditors and debt governance. The chapter begins with a look at the traditional role of debt,...
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also includes myriad provisions designed to facilitate securitization transactions. Because bankruptcy law looks to state …, changes to Article 9 are in effect, changes to bankruptcy law. The question raised by the changes to Article 9 is whether … these changes are consistent with our historical understanding of bankruptcy policy …
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effects of bankruptcy announcements on creditors using a unique database. On average, creditors experience severe negative …
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