Trustees do it better: analyzing Section 547(c)(5) of the Bankruptcy Code

Article Abstract:

The 'improvement in position' test of Bankruptcy Reform Act of 1978 Section 547(c)(5), which attempts to balance the interests of bankruptcy trustees with holders of floating security interests, is flawed. The test considers transfers to secured creditors as not preferential if they do not result in improved position relative to other creditors within a specified time period before bankruptcy. The test could be improved by extending the time period to one year and applying it only to ordinary business transactions. Trustees should challenge any unusual inventory acquisitions occurring shortly before bankruptcy.

Secured transactions, Inventory loans, Bankruptcy trustees

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A reformed economic model of consumer bankruptcy

Article Abstract:

A reformed economic model should be applied to consumer bankruptcy laws to better analyze the impacts that bankruptcy laws have on consumers and creditors. A sociological approach to assessing behavior has replaced the traditional economic model in recent years, but this model has had limited predictive success, The most effective approach would be to integrate the concerns raised in the sociological approach into the components of the economic model that have been most effective.

Models, Economic aspects, Bankruptcy law, Consumers, Bankruptcy

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Analyzing differentiated-product mergers: the relevance of structural analysis

Article Abstract:

Structural analysis of differentiated product mergers should not be abandoned to the exclusive use of econometric analysis. Structural analysis is superior in its ability to determine competitors' coordinated interactions. Unilateral effects should not be the sole target of analysis and are not reliably predicted using econometric analysis. Structural analysis is particularly useful in litigated cases.

Analysis, Acquisitions and mergers, Market share, Decentralization (Management)

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