Business / Commercial Law

The Unwritten Law of Corporate Reorganizations

By Douglas G. Baird
Cambridge University Press May 2022

Specifications

ISBN-13
9781009061018
Publisher
Cambridge University Press
Publication
May 2022
Format
Paperback

Details

The law of corporate reorganizations controls the fate of enterprises worth billions of dollars and has reshaped entire sectors of the economy, yet its inner workings largely remain a mystery. Judges must police a small and closed fraternity of professionals as they sit down at a conference table and forge a new future for a distressed business, but little appears to tell judges how they are to do this. Judges, however, are in fact bound by a coherent set of unwritten principles that derive from a statute Parliament passed in 1571. These principles are not simply norms or customary practices. They have hard edges, judges must enforce them, and parties are bound by them as they are by any other law. This book traces the evolution of these unwritten principles and makes accessible a legal world that has long been closed off to outsiders.

Table of Contents

1. Badges of fraud
2. A seat at the table
3. The credit men
4. A new deal
5. Priority matters
6. A thumb on the scale
7. Bargaining after the fall
8. Looking for runway
Afterword
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