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Bankruptcy Law Commons

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Articles 1 - 4 of 4

Full-Text Articles in Bankruptcy Law

Global Erie And Its Limits: Channeling Jurisdictional Competition For Procedure, Edward J. Janger Oct 2021

Global Erie And Its Limits: Channeling Jurisdictional Competition For Procedure, Edward J. Janger

Faculty Scholarship

No abstract provided.


Consumer Bankruptcy And Race: Current Concerns And A Proposed Solution, Edward J. Janger Jan 2021

Consumer Bankruptcy And Race: Current Concerns And A Proposed Solution, Edward J. Janger

Faculty Scholarship

No abstract provided.


Private Equity & Industries In Transition: Debt, Discharge & Sam Gerdano, Edward J. Janger Jan 2021

Private Equity & Industries In Transition: Debt, Discharge & Sam Gerdano, Edward J. Janger

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No abstract provided.


Corporate Restructuring Under Relative And Absolute Priority Default Rules: A Comparative Assessment, Jonathan M. Seymour, Steven L. Schwarcz Jan 2021

Corporate Restructuring Under Relative And Absolute Priority Default Rules: A Comparative Assessment, Jonathan M. Seymour, Steven L. Schwarcz

Faculty Scholarship

The European Union recently adopted a Restructuring Directive intended to facilitate the reorganization of insolvent and other financially troubled firms. Although the central goal of the Directive parallels that of chapter 11 of U.S. bankruptcy law—to protect and maximize the value of financially distressed but economically viable enterprises by consensually reorganizing their capital structure—the Directive introduces an innovative but controversial option: that EU Member States can decree that reorganization negotiations should be subject to a relative priority default rule, in contrast to the type of absolute priority default rule used by chapter 11. EU officials argue that relative priority is …