Wider stakeholder interests in reorganization: Policy considerations and comparative approaches in U.S. and Canadian Law.
Published: 2006
Language: eng
Number of pages: 102
ISBN-13: 9780494212349
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Consolidation and merger of corporations -- Law and legislation -- United States.; Consolidation and merger of corporations -- Law and legislation -- Canada.; Stockholders -- Legal status, laws, etc. -- United States.; Stockholders -- Legal status, laws, etc. -- Canada.
Description: In this study I research the theoretical rationales and the literature on the policy considerations of social stakeholders' influence in reorganization proceedings. I argue that there are reasonable foundations for the courts to adhere to the principle of interpretation that maintains that, while secured creditor's fundamental rights can be safeguarded, social entitlements must also be taken in consideration, in insolvency proceedings. I present what these 'social entitlements' are and also what are the reasons for the expansion of their prerogatives within bankruptcy law. After the theoretical discussion, I exemplify in the Canadian and U.S. case law how this principle has already been employed in court reasoning. I propose that the rule of considering social stakeholders in reorganization proceedings can satisfactorily balance the Interests of traditional creditors and of social stakeholders.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1282.

Thesis (LL.M.)--University of Toronto, 2006.

Electronic version licensed for access by U. of T. users.

ROBARTS MICROTEXT copy on microfiche.