In this article we provide a rationale for bankruptcy law that is based on the conflicts among creditors that occur when a debtor’s liabilities exceed its assets.
That a firm’s initial equity holders often emerge from Chapter 11 bankruptcy proceedings with more value than the absolute priority rule would suggest is now a generally accepted fact.
Corporate finance folklore tells us existing proportionate priority and absolute priority rules in bankruptcy have evolved in order to eliminate inefficiencies which result when lenders rush to retrieve their assets from a firm in financial distress.
It has now been nearly four years since researchers at the Federal Reserve Bank of Boston released their groundbreaking study on residential mortgage lending patterns in that city.
Racial justice is a fundamental social goal in the United States, making enforcement of fair lending laws an important function of the Federal Reserve and other regulators.