Reading Comprehension

PT156 · S1 · P3 · Q19 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.

19.

The primary purpose of the final paragraph of the passage is to do which one of the following?

  1. Correct

    provide criticisms of the position

    Why this is right

    The 3rd paragraph discussed Korobkin's approach, and the 4th paragraph is where the author discusses the significant weaknesses of Korobkin's approach, so "provide criticisms of the 3rd paragraph's position" seems great.

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

    91% picked this

  2. offer evidence that the two

    Too Strong: better served by traditional

    The author never indicates that she prefers Jackson's approach (or any of the traditional ones). The fact that she calls Korobkin's approach "more equitable" may mean that she actually wants us to move away from the traditional approach. She is just unsatisfied with Korobkin's alternative. She needs a more detailed roadmap for how we can modernize bankruptcy by widening the net of interested parties affected by a bankruptcy. It would be pretty incoherent for her to argue that the traditional approach (which only worries about creditors) better serves the principle of inclusion (that all parties affected have their claims considered).

    2% picked this

  3. refute the argument attributed to

    Too Strong: refute Wrong Objection

    Saying that an approach has significant weaknesses is not nearly as strong as refuting it. Also, the weaknesses the author cites have more to do with Korobkin's plan for how to deal with bankruptcy, laid out in the 3rd paragraph. The 2nd paragraph is where Korobkin speaks to the problems with Jackson's plan for how to deal with bankrupcty. The author never defends Jackson or refutes Korobkin's criticisms of Jackson / the traditional model.

    6% picked this

  4. offer an alternative way of

    Out of Scope: alternative way

    The author doesn't propose her own bankruptcy solution in the 4th paragraph. She just critiques Korobkin's proposal.

    1% picked this

  5. suggest refinements to the modern

    Out of Scope: suggest refinements

    The 4th paragraph was not circling back to the 1st paragraph in some neutral way about modern bankruptcy. It was specifically evaluating Korobkin's approach and listing out its weaknesses.

    1% picked this

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