Private debt and the missing lever of corporate governance

DG Baird, RK Rasmussen - U. Pa. L. Rev., 2005 - HeinOnline
In 2003, Krispy Kreme was the darling of Wall Street. Its stock had more than quadrupled
since first going public only a few years before. Krispy Kreme's CEO also served as …

Bankruptcy hardball

JA Ellias, RJ Stark - California Law Review, 2020 - JSTOR
On the eve of the financial crisis, a series of Delaware court decisions resulted in a radical
change in law: creditors would no longer have the kind of common law protections from …

Antibankruptcy

DG Baird, RK Rasmussen - Yale LJ, 2009 - HeinOnline
In large Chapter a cases, the prototypical creditor is no longer a small player holding a claim
much like everyone else's, but rather a distressed debt professional advancing her own …

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 …

Hostile restructurings

DL Dick - Wash. L. Rev., 2021 - HeinOnline
The conventional wisdom holds that out-of-court loan restructurings are mostly consensual
and collaborative. But this is no longer accurate. Highly aggressive, nonconsensual …

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 …

Bankruptcy as bailout: coal company insolvency and the erosion of federal law

J Macey, J Salovaara - Stan. L. Rev., 2019 - HeinOnline
Almost half of all the coal produced in the United States is mined by companies that have
recently gone bankrupt This Article explains how those bankruptcy proceedings have …

Corporate bankruptcy hybridity

MB Jacoby - University of Pennsylvania Law Review, 2018 - JSTOR
Spend a day in a busy bankruptcy court and your research agenda could be set for life.
Bankruptcy is crisis management for individuals, business entities, and even governments …

Contracting for a European insolvency regime

H Eidenmüller - European Business Organization Law Review, 2017 - Springer
Abstract The European Commission has proposed a Directive on 'preventive restructuring
frameworks' for financially distressed firms. I demonstrate that the proposal is flawed …

[图书][B] A global view of business insolvency systems

L Westbrook, CD Booth, CG Paulus, H Rajak - 2010 - brill.com
We live in a time in which insolvency laws are being rewritten all over the world for the first
time in a century. As investment and employment have become more global, there has been …