Lucian Bebchuk "A New Approach to Corporate Reorganization," 101 Harvard Law Review, 775 - 804 (1988). Reprinted in The Economics of Corporate and Capital Markets Law (L. Bebchuk, ed., Cambridge University Press, 1990); in The Korea Forum on International Trade and Business Law 1993 (in Korean); and in Corporate Bankruptcy (J. Bhandari, ed., MIT Press, 1995).


In this Article, Professor Bebchuk proposes a new method of dividing the reorganization pie among the participants in corporate reorganizations. This method, he argues, can address the substantial efficiency and fairness problems that afflict the existing process of division. Under the proposed method, participants will receive certain rights with respect to the reorganized company's securities: these rights will be designed so that, whatever the reorganization value is, no participant will have a basis for complaining that he is receiving less than the value to which he is entitled. Although Professor Bebchuk proposes the method as a basis for law reform, he shows that it also can be used under the existing reorganization rules.



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