15 multiple choice questions on UK Corporate Insolvency Law
Jackson, T. The Logic and Limits of Bankruptcy Law. Harvard University Press, Cambridge, Mass, 1986.
creditors’ bargain theory: insolvency law should be seen as a system designed to mirror the agreements one would expect creditors to arrive at were they able to negotiate such agreements ex ante from behind a Rawlsian ‘veil of ignorance.
– 1987 Chicago paper – Warren, E. Bankruptcy Policy 54 Univ.Chicago L Rev. 775.
– Pluralism/communitarianism: ‘inclusive/values’; Insolvency pluralism or stakeholder insolvency & Bankruptcy as ‘dirty, complex, elastic, interconnected.’
Example Questions:
– What is corporate insolvency law and what is it for?
– What are the principal characteristics of insolvency proceedings in England & Wales and internationally?
– Aims of a ‘good modern’ corporate insolvency law?
– Any theories of insolvency law that can help explain/justify the principles and purposes of insolvency law?
– Does communitarianism underpin rescue?
– Does English and Wales insolvency law match its underpinning policy aims and has there been a carefully thought through theory?
