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Articles 1 - 4 of 4

Full-Text Articles in Law

Vindicating Bankruptcy Rights, Kara J. Bruce Feb 2016

Vindicating Bankruptcy Rights, Kara J. Bruce

Maryland Law Review

No abstract provided.


Disciplining Corporate Boards And Debtholders Through Targeted Proxy Access, Michelle M. Harner Jan 2016

Disciplining Corporate Boards And Debtholders Through Targeted Proxy Access, Michelle M. Harner

Faculty Scholarship

Corporate directors committed to a failed business strategy or unduly influenced by the company’s debtholders need a dissenting voice—they need shareholder nominees on the board. This article examines the bias, conflicts, and external factors that impact board decisions, particularly when a company faces financial distress. It challenges the conventional wisdom that debt disciplines management, and it suggests that, in certain circumstances, the company would benefit from having the shareholders’ perspective more actively represented on the board. To that end, the article proposes a bylaw that would give shareholders the ability to nominate directors upon the occurrence of predefined events. Such …


Consent, Coercion, And Bankruptcy Administration, S. Todd Brown Jan 2016

Consent, Coercion, And Bankruptcy Administration, S. Todd Brown

Journal of Business & Technology Law

No abstract provided.


The Modernization Of European Insolvency Law: An Ongoing Process, Paolo Manganelli Jan 2016

The Modernization Of European Insolvency Law: An Ongoing Process, Paolo Manganelli

Journal of Business & Technology Law

No abstract provided.