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Toward a New Corporate Reorganization Paradigm

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  • Donald S. Bernstein

Abstract

Chapter 11 is becoming an increasingly flexible, market-driven forum for determining who will become the owners of financially troubled enterprises. With increasing frequency, distressed companies are sold in Chapter 11 as going concerns. At the same time, distressed investors, including hedge funds and private equity investors, are actively trading the debt of such companies in much the same way that equity investors trade the stock of solvent companies. Market forces drive the troubled company's debt obligations into the hands of those investors who value the enterprise most highly and who want to decide whether to reorganize or to sell it. One way or the other, the Chapter 11 process is used to effect an orderly transfer of control of the enterprise into new hands, whether the creditors themselves or a third party. 2007 Morgan Stanley.

Suggested Citation

  • Donald S. Bernstein, 2007. "Toward a New Corporate Reorganization Paradigm," Journal of Applied Corporate Finance, Morgan Stanley, vol. 19(4), pages 8-15.
  • Handle: RePEc:bla:jacrfn:v:19:y:2007:i:4:p:8-15
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