INSTITUTIONAL CAPTURE: WHY WE'RE OVERDUE FOR A NEW BANKRUPTCY ACT.

Autor: GRAHAM, JESSICA R.
Předmět:
Zdroj: New York University Journal of Law & Business; Spring2023, Vol. 19 Issue 2, p409-461, 53p
Abstrakt: The paper, in short, explores how the structure of the bankruptcy system in the United States serves large corporations. This underlying purpose is shielded in the 'debtor-friendly' model, as the system is theoretically designed to help debtor businesses get back on their feet and serve their creditors and consumers. However, rather than actually being a debtor-friendly system, the Bankruptcy Code is 'large corporation friendly', helping corporate debtors and creditors alike before providing any protections for 'the little guy.' The paper then proposes a "New Bankruptcy Act," with several reforms designed to return to the original debtor-friendly model of the Code, while providing additional protections against abuse and capture. [ABSTRACT FROM AUTHOR]
Databáze: Complementary Index