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Research Handbook on Corporate Bankruptcy Law
In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.
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Critical Acclaim
Contributors
Contents
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In this Research Handbook, today’s leading experts on the law and economics of corporate bankruptcy address fundamental issues such as the efficiency of bankruptcy, the role and treatment of creditors – particularly secured creditors – in the bankruptcy process, the allocation of going-concern surplus among claimants, the desirability of liquidation in the absence of such surplus, the role of contract in bankruptcy resolution, the role of derivatives in the bankruptcy process, the costs of the bankruptcy system, and the special case of financial institutions, among other topics.
Chapters trace the historical path of both law and policy analysis, with a focus on how the bankruptcy process serves underlying policy objectives. Proposals to reform corporate bankruptcy are presented.
Research Handbook on Corporate Bankruptcy Law includes policy analysis by both lawyers and economists and is thus an invaluable resource to law scholars and students interested in the economic analysis of corporate bankruptcy law, as well as to economics and business scholars and students studying the law of corporate bankruptcy. These pages will prove equally valuable to lawmakers and judges who are interested in policy analysis of corporate bankruptcy.
Chapters trace the historical path of both law and policy analysis, with a focus on how the bankruptcy process serves underlying policy objectives. Proposals to reform corporate bankruptcy are presented.
Research Handbook on Corporate Bankruptcy Law includes policy analysis by both lawyers and economists and is thus an invaluable resource to law scholars and students interested in the economic analysis of corporate bankruptcy law, as well as to economics and business scholars and students studying the law of corporate bankruptcy. These pages will prove equally valuable to lawmakers and judges who are interested in policy analysis of corporate bankruptcy.
Critical Acclaim
‘Readable and guiding contributions concerning fundamental issues of large group corporate bankruptcies. In Europe, the book will prove equally valuable to lawmakers and scholars with an affection for law and economics policy analysis of the theme.’
– Bob Wessels, Professor Emeritus of International Insolvency Law, Leiden University, the Netherlands and Expert Advisor on Insolvency and Restructuring Law of the European Commission
– Bob Wessels, Professor Emeritus of International Insolvency Law, Leiden University, the Netherlands and Expert Advisor on Insolvency and Restructuring Law of the European Commission
Contributors
Contributors: K. Ayotte, D.G. Baird, A.J. Casey, T.H. Jackson, M.B. Jacoby, E.J. Janger, S.J. Lubben, E.R. Morrison, J.A.E. Pottow, R.K. Rasmussen, M.J. Roe, A. Schwartz, M. Simkovic, D. Skeel, R. Squire, G. Triantis, M.J. White, T.J. Zywicki
Contents
Contents:
Foreword
Douglas G. Baird
Introduction
Barry E. Adler
1. Bankruptcy’s Logic and Limits in the 21st Century: Some Thoughts on Chapter 11’s Evolution and Future
Thomas H. Jackson
2. The End of Bankruptcy Revisited
Robert K. Rasmussen
3. Bankruptcy Sales
Melissa B. Jacoby and Edward J. Janger
4. The New Synthesis of Bank Regulation and Bankruptcy in the Dodd-Frank Era
David Skeel
5. Derivatives and Repos in Bankruptcy
Mark J. Roe
6. Distress-Triggered Liabilities and the Agency Costs of Debt
Richard Squire
7. On the Mandatory Stay of Secured Creditors in Bankruptcy
Kenneth Ayotte
8. Debtor-in-Possession Financing in Bankruptcy
George G. Triantis
9. Beyond Options
Anthony J. Casey and Edward R. Morrison
10. The Treatment of Secured Credit in Bankruptcy: A Unified Model
Michell J. White
11. Making Fraudulent Transfer Law More Predictable
Michael Simkovic
12. The Costs of Corporate Bankruptcy: How Little We Know
Stephen J. Lubben
13. The Chrysler and General Motors Bankruptcies
Todd J. Zywicki
14. Cross-Border Corporate Insolvency in the Era of Soft(ish) Law
John A. E. Pottow
15. Bankruptcy Related Contracting and Bankruptcy Functions
Alan Schwartz
Index
Foreword
Douglas G. Baird
Introduction
Barry E. Adler
1. Bankruptcy’s Logic and Limits in the 21st Century: Some Thoughts on Chapter 11’s Evolution and Future
Thomas H. Jackson
2. The End of Bankruptcy Revisited
Robert K. Rasmussen
3. Bankruptcy Sales
Melissa B. Jacoby and Edward J. Janger
4. The New Synthesis of Bank Regulation and Bankruptcy in the Dodd-Frank Era
David Skeel
5. Derivatives and Repos in Bankruptcy
Mark J. Roe
6. Distress-Triggered Liabilities and the Agency Costs of Debt
Richard Squire
7. On the Mandatory Stay of Secured Creditors in Bankruptcy
Kenneth Ayotte
8. Debtor-in-Possession Financing in Bankruptcy
George G. Triantis
9. Beyond Options
Anthony J. Casey and Edward R. Morrison
10. The Treatment of Secured Credit in Bankruptcy: A Unified Model
Michell J. White
11. Making Fraudulent Transfer Law More Predictable
Michael Simkovic
12. The Costs of Corporate Bankruptcy: How Little We Know
Stephen J. Lubben
13. The Chrysler and General Motors Bankruptcies
Todd J. Zywicki
14. Cross-Border Corporate Insolvency in the Era of Soft(ish) Law
John A. E. Pottow
15. Bankruptcy Related Contracting and Bankruptcy Functions
Alan Schwartz
Index
