• Mark Roe


Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain. Mark Roe, February 25, 2014, Paper. "Bankruptcy reallocates value in a faltering firm. The bankruptcy apparatus eliminates some claims and alters others, leaving a reduced set of claims to match the firm’s diminished capacity to pay. This restructuring is done according to statutory and agreed-to contractual priorities, so that lower-ranking claims are eliminated first and higher ranking ones are preserved to the extent possible. Bankruptcy scholarship has long conceptualized this reallocation as a hypothetical bargain among creditors..." Link verified June 19, 2014