1974
DOI: 10.2307/1599095
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The Absolute Priority Doctrine in Corporate Reorganizations

Abstract: The absolute or strict priority doctrine in corporate reorganizations under the Bankruptcy Act' has never been comfortable for practitioners or theorists to live with. 2 Almost as soon as the courts articulated this standard of fairness, it was subjected to attack. Over the years, dissatisfaction has grown and proposals for modification have accumulated. The recent Commission on the Bankruptcy Laws had little difficulty in locating uneasiness over the doctrine and in turning up suggested modifications. 8 Even … Show more

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Cited by 6 publications
(2 citation statements)
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“…This makes them especially well suited for analyzing the impacts of capital structure changes because the firms' asset structures are essentially unaltered. 3 The sample of EOs analyzed in this paper consists of all those which occurred in the U.S. during the period 1963-78 and which satisfied these criteria:…”
Section: Exchange Offer Samplementioning
confidence: 99%
“…This makes them especially well suited for analyzing the impacts of capital structure changes because the firms' asset structures are essentially unaltered. 3 The sample of EOs analyzed in this paper consists of all those which occurred in the U.S. during the period 1963-78 and which satisfied these criteria:…”
Section: Exchange Offer Samplementioning
confidence: 99%
“…The rule of absolute priority represents the skeleton of past property rights that remains at the moment when the insolvent enterprise's current value must be reallocated to take into account the decline from its previous value. No claimant of a financially distressed entity should receive any consideration for its claim unless and until more senior claims are fully satisfied (Blum and Kaplan 1974).…”
Section: Absolute Priority and Valuation In Reorganisationsmentioning
confidence: 99%