This article is an excerpt from the forthcoming Second Edition of Collier
Monograph: Employee Benefits and Executive Compensation in Corporate
Bankruptcy , written by John R. Cornell, Daniel C, Hagen, Tricia
Eschbach-Hall and Lisa Rothman Jesner. The authors are lawyers with the
In this Emerging Issues Analysis, Professor Christopher
Frost examines two contentious corporate governance issues that arise during
bankruptcy: (1) actions by the bankruptcy trustee that seek to pierce the
corporate veil and allow recovery from shareholders; and (2) the...
by Matthew Cavitch
In bankruptcy cases involving
businesses, a key consideration is often what happens to certain tax
attributes, such as net operating losses, when the debtor business presumably
re-emerges from the bankruptcy proceeding.
In general IRC Section 382