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- Title
Ambiguity and Bad Policy: Should § 546(e) of the Bankruptcy Code be Applied to Leveraged Buyouts of Private Companies?
- Authors
Schilling, Stephen E.
- Abstract
The article discusses the issue on whether § 546 (e) of the U.S. Bankruptcy Code be applied to leveraged buyouts (LBO) of private companies. It provides an overview of the history of LBO, an analysis of the court case In re QSI Holdings Inc. and the influential cases that define settlement payment. It concludes that the ambiguity of the plain meaning and congressional intent arguments should be given away when applying § 546 (e) to the LBOs of private companies.
- Subjects
UNITED States; LEVERAGED buyouts; PRIVATE companies; LEGAL settlement; ARGUMENT; ACTIONS on the case; UNITED States. Bankruptcy; INTENTION (Law)
- Publication
DePaul Business & Commercial Law Journal, 2011, Vol 9, Issue 4, p471
- ISSN
1542-2763
- Publication type
Article