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Afterword

Published online by Cambridge University Press:  05 May 2022

Douglas G. Baird
Affiliation:
University of Chicago
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Summary

During the 1980s, Thomas Jackson and I showed how reorganization law took nonbankruptcy rights as it found them. It limited itself to sorting out the collective action problem that existed when a corporate debtor lacked the assets to meet all its obligations in full. The challenge was one of sorting out nonbankruptcy entitlements, ensuring that assets were being put to their highest valued use, and at the same time requiring the debtor to play by the same rules as everyone else. Although this view of reorganization law does not seem especially controversial today, it led to much sturm and drang, most notably perhaps in the spirited, but consistently civil debates that I had with Elizabeth Warren during this period.

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Publisher: Cambridge University Press
Print publication year: 2022

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  • Afterword
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.010
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  • Afterword
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.010
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.

  • Afterword
  • Douglas G. Baird, University of Chicago
  • Book: The Unwritten Law of Corporate Reorganizations
  • Online publication: 05 May 2022
  • Chapter DOI: https://doi.org/10.1017/9781009058216.010
Available formats
×