Abolition of the corporate duty to creditors
HTC Hu, JL Westbrook - Colum. L. Rev., 2007 - HeinOnline
In a society based on private property, the core objective of a corpo-ration would seem
uncomplicated. The corporation is owned by shareholders and, like other property, exists to …
uncomplicated. The corporation is owned by shareholders and, like other property, exists to …
The Creditors' Bargain and Option-Preservation Priority in Chapter 11
AJ Casey - The University of Chicago Law Review, 2011 - JSTOR
Corporate reorganization under Chapter 11 of the Bankruptcy Code is built on the
foundation of the absolute priority rule, which requires that senior creditors be paid in full …
foundation of the absolute priority rule, which requires that senior creditors be paid in full …
Railroad receiverships and modern bankruptcy theory
SJ Lubben - Cornell L. Rev., 2003 - HeinOnline
RAILROAD RECEIVERSHIPS AND MODERN BANKRUPTCY THEORY Page 1 RAILROAD
RECEIVERSHIPS AND MODERN BANKRUPTCY THEORY Stephen j Lubbent Some of the most …
RECEIVERSHIPS AND MODERN BANKRUPTCY THEORY Stephen j Lubbent Some of the most …
The corporate governance and public policy implications of activist distressed debt investing
MM Harner - Fordham L. Rev., 2008 - HeinOnline
Can an unsecured creditor influence the general corporate affairs of its debtor company?
Yes. Consider the Chapter 11 cases of Allied Holdings, Inc. and certain of its affiliates. Allied …
Yes. Consider the Chapter 11 cases of Allied Holdings, Inc. and certain of its affiliates. Allied …
Credit derivatives and the future of Chapter 11
SJ Lubben - Am. Bankr. LJ, 2007 - HeinOnline
When credit default swaps first appeared in the early 1990s, they were used primarily by
banks to hedge the default risks they faced in their loan portfolios. 2 But by the late 1990s …
banks to hedge the default risks they faced in their loan portfolios. 2 But by the late 1990s …
More phoenix than vulture: The case for distressed investor presence in the bankrupcty reorganization process
PM Goldschmid - Colum. Bus. L. Rev., 2005 - HeinOnline
Firms in Chapter 11 bankruptcy are presumed to have going-concern value, with operational
efficiencies, even though they are usually technically insolvent.'A primary objective of …
efficiencies, even though they are usually technically insolvent.'A primary objective of …
The New and Improved Chapter 11
SJ Lubben - Ky. LJ, 2004 - HeinOnline
Chapter 11 has healed itself. 1 According to some of its leading critics, chapter 11 is no
longer the long, expensive process that it was in the 1980s, 2 when storied companies like …
longer the long, expensive process that it was in the 1980s, 2 when storied companies like …
The search for an unbiased fiduciary in corporate reorganizations
MM Harner - Notre Dame L. Rev., 2011 - HeinOnline
The Washington Post reported:" President Obama's harsh attack on hedge funds [that] he
blamed for forcing Chrysler into bankruptcy yesterday sparked cries of protest from the …
blamed for forcing Chrysler into bankruptcy yesterday sparked cries of protest from the …
Business liquidation
SJ Lubben - Am. Bankr. LJ, 2007 - HeinOnline
Business liquidation is a much discussed but little studied phenomena. Until very recently, a
twenty year old article about business liquidation in a single district was the only academic …
twenty year old article about business liquidation in a single district was the only academic …
Corporate group cross-border insolvencies between the United States & European Union: legal & economic developments
N Wouters, A Raykin - Emory Bankr. Dev. J., 2012 - HeinOnline
As corporations become increasingly globalized, cross-border insolvencies are more
prevalent. Insolvency raises the problems of any cross-border dispute: reciprocity, venue …
prevalent. Insolvency raises the problems of any cross-border dispute: reciprocity, venue …