Reading Comprehension

PT156 · S1 · P3 · Q17 Bankruptcy Tradeoffs

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Traditionally, corporate bankruptcy law placed highest priority on the orderly discharge of debts; courts generally ordered failed businesses to pay all creditors a set percentage of the amounts owed.

Topic

Corporate bankruptcy law: traditional vs. modern approaches to handling failed companies.

Framework

Present Debate

Main Point

The passage presents a debate over whether bankruptcy law should mainly prioritize the interests of creditors (per Jackson) or account more equitably for all affected parties (per Korobkin), but acknowledges that both approaches have weaknesses. ( in P2 and in P4 both crystallize the main point.)

P1: Traditions and Jackson’s Position

Describes the shift from the old way of handling bankruptcies (paying off creditors by liquidating assets) to the modern approach that allows companies to reorganize. It then explains Jackson's view: bankruptcy law should only maximize and distribute the available assets to creditors as efficiently as possible.

P2: Korobkin’s Critique of Jackson

Introduces Korobkin's argument: Jackson's model ignores the interests of workers, suppliers, and the community, who can also be deeply affected by a company's bankruptcy. He criticizes Jackson’s focus on creditors and advocates for considering the broader impact of closing vs. reorganizing a company.

P3: Korobkin’s Alternative Principles

Explains Korobkin's approach, which involves including all affected parties when making bankruptcy decisions and using "rational planning" to decide whose interests to prioritize—particularly, protecting those worst affected by bankruptcy.

17.

The meaning of the third sentence of the final paragraph would remain most nearly the same if "regime" were replaced with which one of the following words?

  1. principle

    Too Narrow

    Principles are involved in each regime, but they're not a good synonym for 'regime'. The first scheme / regime had the principle of "the creditors should get back as much money owed as possible". The second scheme / regime had two articulated principles: inclusion and rational planning. But the word 'regime' refers to the actual process that would get carried out on a bankrupt company.

    7% picked this

  2. constraint

    Too Narrow

    A constraint is just one thing, but 'regime' is being used to refer to a body of rules that would govern bankruptcy. Each of the two proposed regimes would have many constraints within it, but we wouldn't say that each regime is a constraint.

    5% picked this

  3. law

    Too Narrow

    These different approaches to bankruptcy would probably consist of lots of statutes (i.e. multiple laws). We can talk about bankruptcy being a field of law, but we wouldn't just call it "law". The last paragraph is describing Korobkin's approach. The word 'regime' should align pretty closely with that. "Under such an approach, creditors charge more for credit." It would sound weird to say "under such a law, creditor charge more for credit", because there wouldn't be any law saying that creditors need to charge more for credit. The author was saying that if we took Korobkin's approach to bankruptcy, a likely effect would be that creditors would start charging more for credit.

    3% picked this

  4. Correct

    system

    Why this is right

    This was actually one of the words we were considering. The two regimes are two different approaches to bankruptcy. Two different systems for how courts would analyze a bankrupt company's situation and deal with it.

    Skill tested: Meaning in Context · how this choice captures the passage's function is the move to repeat next time.

    85% picked this

  5. government

    Dictionary Trap

    Any time we're doing Meaning in Context, we expect a trap answer that sounds like our primary dictionary association with a certain word. If we asked 100 people on the street what 'regime' means, all 100 of them would initially say, "it's a government / it's a given administration / a ruling party". We talk about "regime-change" like when we invaded Iraq and displaced Saddam Hussein.

    1% picked this

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