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- Title
The Doctrine of Robin Hood A Note on "Substantive Consolidation"
- Authors
Willett, Sabin
- Abstract
The article discusses the concept of substantive consolidation. It is defined as the merger between assets and liabilities of the debtor entities into a unitary debtor estate to which all holders of allowed claims are required to look for distribution. Substantial barriers to substantive consolidation include bankruptcy power and federal equity power. The practice of substantive consolidation presents several practical inconsistencies and problems such as interference with voting scheme and inconsistency with other plan confirmation rules.
- Subjects
MERGERS &; acquisitions; ASSETS (Accounting); LIABILITIES (Accounting); DEBTOR &; creditor; BANKRUPTCY; EQUITY (Law)
- Publication
DePaul Business & Commercial Law Journal, 2005, Vol 4, Issue 1, p87
- ISSN
1542-2763
- Publication type
Article