文章基本信息

标题：Improving Bankruptcy Procedure
本地全文：下载
作者：Aghion, Philippe ; Hart, Oliver ; Moore, John 等
期刊名称：Washington University Law Review
印刷版ISSN：2166-7993
电子版ISSN：2166-8000
出版年度：1994
卷号：72
期号：3
页码：849-872
出版社：Washington University School of Law
摘要：This Article attempts to provide an economic perspective on bankruptcy procedure. In Parts II and III, we discuss the rationale for, and goals of, bankruptcy procedure. Part IV describes how existing procedures fall short of these goals. Our main point is that reorganization procedures like Chapter 11 are flawed because they mix the decision of who should get what with the decision of what should happen to the bankrupt company. In Part V, we turn to a procedure that we have proposed elsewhere, which we believe would improve on existing procedures. In Part VI, we discuss some practical difficulties concerning our proposal and how they might be resolved. Part VII contains concluding remarks.
关键词：Bankruptcy reorganization; Bankruptcy; Law & economics