under creditors' bargain theory the rights of creditors outside of bankruptcy should not be altered in bankruptcy, except if it is something creditors would have hypothetically have agreed to. (T/F)

Respuesta :

According to the "Creditors Bargain theory," the main normative theory of bankruptcy, bankruptcy should only be utilized to address coordination issues brought on by numerous creditors.

In our article "Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors' Bargain," which was recently published in the Virginia Law Review, Mark Roe and I raise concerns about the stability of the priority structure in bankruptcy and propose a novel concept for bankruptcy reorganization that contradicts the conventional notion of the creditors' bargain. According to the main normative theory of bankruptcy (also known as the "Creditors Bargain theory"), filing for bankruptcy should only be used to address coordination issues brought on by numerous creditors. The reallocation of value in bankruptcy has long been conceptualized by bankruptcy scholarship as a hypothetical agreement among creditors: in the event that the firm fails, creditors agree in advance that value will be reallocated in accordance with a predetermined set of statutory and contractual priorities.

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