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Professional Fees in Corporate Bankruptcies - Data, Analysis, and Evaluation (Hardcover, New)
Loot Price: R2,767
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Professional Fees in Corporate Bankruptcies - Data, Analysis, and Evaluation (Hardcover, New)
Expected to ship within 12 - 17 working days
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Bankrupt Enron paid more than a billion dollars in cash to
bankruptcy lawyers, financial advisors, and other bankruptcy
professionals. The managers of Enron, like those of most bankrupt
companies, paid the professionals with other peoples' money - money
that would otherwise have gone to creditors, employees,
shareholders, or to saving the companies. To prevent excessive
payments, the bankruptcy code and rules establish an elaborate
system for public reporting and court approval of professional
fees.
Armed with the ability to choose among courts that want or need to
attract the cases, the professionals have largely taken charge of
the fee-control system and rendered it toothless. The professionals
ignore ignore the rules and the courts do nothing about it.
Objections to fees are rare, and the courts award almost 99% of the
amounts applied for. Fees rose at the rate of 9.5% per year from
1998 through 2007. Effective methods for assessing and controlling
fees do exist, but it is not in the interests of the courts or the
professionals to employ them.
Based on a study of thousands of documents from the court files in
102 of the largest cases, bankruptcy expert, Lynn M. LoPucki, and
political scientist, Joseph W. Doherty, provide an unprecedented
window on the worlds of bankruptcy professionals, professional
fees, and their scientific study. Through that window, readers see
both a disturbing picture of a legal system in crisis and a hopeful
one with opportunities for desperately needed reform.
Professional Fees in Corporate Bankruptcies is a scholarly work
that employs statistical analysis, and documents its findings to
scientific standards. But the authors have written for readers with
technical backgrounds in neither bankruptcy nor statistics. This
book will be of interest not only to scholars studying professional
fees, but also to bankruptcy professionals, judges, policymakers,
and anyone interested in the functioning of law-based systems.
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