Add to ORKGBankruptcy scholarship is largely a debate about the comparative merits of a mandatory regime on one hand and bankruptcy by free design on the other. By the standard account, the current law of corporate reorganization is mandatory. Various rules that cannot be avoided ensure that investors’ actions are limited and they do not exercise their rights against specialized assets in a way that destroys the value of a business as a whole. These rules solve collective action problems and reduce the risk of bargaining failure. But there are costs to a mandatory regime. In particular, investors cannot design their rights to achieve optimal monitoring as they could in a system of bankruptcy by free design. This Article suggests that the academic deba...
When bankruptcy policy competes with other federal and state regulatory policies, which should take ...
Governing a corporation during a Chapter 11 reorganization presents a special case of the age-old pr...
The purpose of this Article is to expose that function of bankruptcy law that distinguished it from ...
The law of corporate reorganizations is conventionally justified as a way to preserve a firm’s going...
This Article argues that the ability of parties to shape their investments in firms is responsible f...
What justifies corporate bankruptcy law in the modern economy? For forty years, economically oriente...
This outstanding Article by Daniel J. Bussel examines bankruptcy’s ability to override corporate law...
When a firm encounters financial distress, there is a significant possibility that, at some point, t...
This Article will argue that, in the absence of contrary provisions in the articles of incorporation...
Business failure negatively affects a broad range of interests, yet the bankruptcy process directly ...
Although common economic wisdom suggests that government bailouts are inefficient because they reduc...
This Article tests the limits of private contracting by examining what it means to contract about ba...
One of the most heated debates in bankruptcy law scholarship has been the optimal design of corporat...
This article begins from a simple observation: Chapter 11 of the United States Bankruptcy Code is th...
Like much of life, the study of bankruptcy is the study of leverage. Chapter 11 of the United States...
When bankruptcy policy competes with other federal and state regulatory policies, which should take ...
Governing a corporation during a Chapter 11 reorganization presents a special case of the age-old pr...
The purpose of this Article is to expose that function of bankruptcy law that distinguished it from ...
The law of corporate reorganizations is conventionally justified as a way to preserve a firm’s going...
This Article argues that the ability of parties to shape their investments in firms is responsible f...
What justifies corporate bankruptcy law in the modern economy? For forty years, economically oriente...
This outstanding Article by Daniel J. Bussel examines bankruptcy’s ability to override corporate law...
When a firm encounters financial distress, there is a significant possibility that, at some point, t...
This Article will argue that, in the absence of contrary provisions in the articles of incorporation...
Business failure negatively affects a broad range of interests, yet the bankruptcy process directly ...
Although common economic wisdom suggests that government bailouts are inefficient because they reduc...
This Article tests the limits of private contracting by examining what it means to contract about ba...
One of the most heated debates in bankruptcy law scholarship has been the optimal design of corporat...
This article begins from a simple observation: Chapter 11 of the United States Bankruptcy Code is th...
Like much of life, the study of bankruptcy is the study of leverage. Chapter 11 of the United States...
When bankruptcy policy competes with other federal and state regulatory policies, which should take ...
Governing a corporation during a Chapter 11 reorganization presents a special case of the age-old pr...
The purpose of this Article is to expose that function of bankruptcy law that distinguished it from ...