Corporate Reorganization

Corporate Reorganization

Mr. Martin Bienenstock
Spring 2020 course
M 5:00pm - 7:00pm in WCC Room B010
1 classroom credit

Prerequisite: None

Exam Type: No Exam
Grades are determined by 10-page papers on approved topics. Some students may earn an additional writing credit by writing more extensive papers.

Corporate Reorganization identifies the dominant causes of business failure or distress, and analyzes how (a) corporate governance enhanced by the best business research of the last 20 years can mitigate or avoid failure and (b) chapter 11 resolves failure/distress and impacts out-of-court resolutions. We do this by reference to governance and business research papers, jurisprudence, and articles about failures in the auto, steel, financial, and manufacturing industries, and industries subject to mass tort liability. In formulating resolutions of distressed situations, we apply chapter 11 resolutions as a baseline against which other resolutions are compared. The course is designed to show that optimal restructuring is a multidisciplinary undertaking, even within its legal framework where emphasis is put on governance jurisprudence, bankruptcy jurisprudence, statutory interpretation, the constitutional limits of the bankruptcy power, the bankruptcy court's jurisdiction, and the use of litigation. 

The last class is devoted to evaluating settlement agreements students negotiate, from the perspective of what issues the students should have tried to negotiate and how to draft contracts.

Note: This is a one-credit course that meets for 7, two-hour sessions on the following dates: January 27, February 3, 10, 17, 24,& March 2 and 9, 2020.

Subject Areas: Business Organization, Commercial Law, and Finance