Reading Comprehension

PT156 · S1 · P3 · Q18 Bankruptcy Tradeoffs

A free, expert breakdown of this official LSAT Reading Comprehension question.

  • Save & drill this skill build targeted practice sets from questions like this one

  • Video walkthroughs watch every question solved step by step

  • 81 official LSATs as questions, timed sections & full-length tests

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.

18.

It can be inferred from the passage that Jackson would be most likely to agree with which one of the following statements?

  1. Bankruptcy laws should be designed

    Opposite

    Jackson is totally cool with businesses having to cease operating. In fact, the passage says that what he wants most out of bankruptcy law (making the largest possible asset pool available to settle creditors's claims) is usually precluded by allowing companies to stay in business.

    8% picked this

  2. The claims of those creditors

    Too Strong: largest / highest

    This is a reasonable speculation, since Jackson is primarily concerned with trying to pay back creditors with whatever money the bankrupt entity can still dredge up. But there's nothing in Jackson's comments that allow us to support such a strong, directly proportional relationship.

    22% picked this

  3. Correct

    Bankruptcy law should favor promises

    Why this is right

    This answer is essentially saying, "Jackson prefers Jackson's plan to Korobkin's plan". Jackson is cited as an example of a legal scholar that believes that "bankruptcy law's sole task should be to make the largest possible asset pool available for settling creditors' preexisting contractually secured claims". So we know that he would say settling up debts with creditors should take precedence over worrying about the bankrupt firm's employees, since he thinks the only thing to worry about here is the creditors' preexisting contractually secured claims (i.e. the monetary promises the firm made to these creditors when it borrowed money from them).

    Skill tested: Non-Author Opinion · how this choice captures the passage's function is the move to repeat next time.

    59% picked this

  4. Bankruptcy laws that emphasize efficiency

    Opposite

    Jackson, at the end of the first paragraph, is complimenting his suggested method by arguing that it will guarantee that "the collection process will be efficient". Meanwhile, Korobkin's plan is known as being the one that is more equitable. So this answer is saying "bankruptcy laws that emphasize what Jackson wants should be abandoned in favor of laws that emphasize what Korobkin wants". Naturally, Jackson would not agree with this sentiment.

    2% picked this

  5. The legal system should function

    Too Strong

    Too Strong: only in cases Opposite, if anything Jackson doesn't suggest that bankruptcy turn into a debt collection service only in (exceptional) cases in which corporations can't earn enough profits to stay in business. He wants it to always be a debt collection service: Thomas H. Jackson, for example, argues that bankruptcy law is best seen simply as a "collectivized debt collection device".

    8% picked this

Continue the review in LSAT Lab

Save this question, watch the video walkthrough, and drill similar questions in your LSAT Lab account.

LSAT Lab

Turn this review into a targeted study plan.

Save this question, drill more like it, watch the video walkthrough, and track your progress in your LSAT Lab account.

Start practicing free