“…This traditional position, however, has been disputed in recent years, with an increasing number of scholars claiming that the introduction of the Bankruptcy Act of 1978 fuelled a major shift in the market's perception about bankruptcy (Sheppard, 1995;Tavakolian 1995;Delaney, 1998:3). The key issue here is that the Code does not require a company to be insolvent before filing for reorganization under Chapter 11 (e.g., Johnson et al, 1986;Sheppard, 1995;Tavakolian 1995;Altman and Hotchkiss, 2005:28). As a result, US bankruptcy law offers managers a mechanism that allows their organizations, almost at will, to fight nearly every undesirable financial obligation (e.g., Sheppard, 1995;Altman, 1993:89-90).…”