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6 - A Thumb on the Scale

Published online by Cambridge University Press:  05 May 2022

Douglas G. Baird
Affiliation:
University of Chicago
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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.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • A Thumb on the Scale
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.007
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  • A Thumb on the Scale
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.007
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • A Thumb on the Scale
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.007
Available formats
×