Philosophy in Bankruptcy

David Gray Carlson · Thomas H. Jackson

72 citations0/0 files storedMichigan Law Review

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Corporate Insolvency and Governance Legal principles and applications Law, Economics, and Judicial Systems

Abstract

The article critically examines Jackson's theories on bankruptcy law, arguing that his "creditor's bargain" model is logically inconsistent and lacks empirical support. It highlights flaws in his assumptions of creditor equality and the justification for bankruptcy discharge, ultimately concluding that his work is ad hoc and unverifiable.

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2009Insolvency within Multinational Enterprise Groups 2002Corporate Insolvency Law

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