Book contents
- The Unwritten Law of Corporate Reorganizations
- The Unwritten Law of Corporate Reorganizations
- Copyright page
- Dedication
- Contents
- Preface
- 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
- Index
6 - A Thumb on the Scale
Published online by Cambridge University Press: 05 May 2022
- The Unwritten Law of Corporate Reorganizations
- The Unwritten Law of Corporate Reorganizations
- Copyright page
- Dedication
- Contents
- Preface
- 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
- Index
Summary
The sixth chapter looks at reorganization practice after the Second World War. The heavy regulatory oversight that New Deal reforms imposed on large firms was unsuccessful. Government regulators showed themselves to be insufficiently nimble. And the law depended too much on judicial valuations that proved too malleable and too uncertain. Moreover, although the norms of the credit men and the emphasis on accommodating worthy debtors worked tolerably well for small businesses, these norms offered judges no easy way to find their bearings elsewhere. Nowhere was this more evident than in real estate insolvencies.
- Type
- Chapter
- Information
- The Unwritten Law of Corporate Reorganizations , pp. 108 - 129Publisher: Cambridge University PressPrint publication year: 2022