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
2 - A Seat at the Table
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
This chapter connects fraudulent conveyance principles to the practices that judges adopted during the reorganization of the Atchison, Topeka and Santa Fe and the other great railroads that failed in the second half of the nineteenth century. The benchmarks judges put in place during this era established the ground rules for bargaining among investors for the next several decades. Judges did not try to shape the outcome of the negotiations. Instead they ensured that deals were only struck honestly and in good faith. There had to be a process that gave everyone a fair opportunity to participate.
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- Information
- The Unwritten Law of Corporate Reorganizations , pp. 22 - 45Publisher: Cambridge University PressPrint publication year: 2022