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The role of the court in debt restructuring

Abstract:

This paper examines the intervention of the law, and the role of the court, in debt restructuring, both in terms of imposing constraints on creditors and in seeking to ameliorate the potential abuses that can arise from such constraints. Three potential forms of abuse are examined: the imposition of a restructuring on dissenting creditors, which introduces the potential for wealth transfers between creditors; the imposition of a moratorium while a restructuring is negotiated, which might lead...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1017/S0008197318000016

Authors


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Institution:
University of Oxford
Oxford college:
Merton College
Role:
Author
Publisher:
Cambridge University Press
Journal:
Cambridge Law Journal More from this journal
Volume:
77
Issue:
1
Pages:
124-150
Publication date:
2018-02-08
Acceptance date:
2017-08-23
DOI:
EISSN:
1469-2139
ISSN:
0008-1973
Keywords:
Pubs id:
pubs:725751
UUID:
uuid:919891ba-d036-4c69-893a-c5c583e7756a
Local pid:
pubs:725751
Source identifiers:
725751
Deposit date:
2017-09-07

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