Abstract
The United States is at a crossroad in its treatment of Chapter 11 of the Bankruptcy Code, which deals with reorganization of “bankrupt” organizations. It is vital that the issues surrounding the debate be properly framed. This paper attempts to do just that by reviewing the evolution of bankruptcy law, assessing the impact of Chapter 11 leniency on societal stakeholders, considering bankruptcy as a strategic option, and addressing the ethical and societal issues that arise from the use of Chapter 11 to avoid massive litigation or to abrogate labor contracts. Serious threats to the underlying fibers of the American system of enterprise are exposed and an assessment of these threats is offered.
Similar content being viewed by others
References
Act of June 22, 1938, 52Statues at Large 840, ch. 575.
Burrough, B., McCoy, C. F., and Rotart, D.: 1983, ‘Continental Air Reopens in Chaos with Reduced Flights, Lower Fares’,The Wall Street Journal, September 28, p. 29.
BusinessWeek, May 30, 1983, p. 68.
BusinessWeek, July 16, 1984, p. 27.
Cavanagh, G. F.: 1984,American Business Values, 2nd ed., Englewood Cliffs, N.J., Prentice-Hall, Inc.
Dahl, J.: 1984, ‘Manville Settlement for Asbestos Victims May Help Defend Insurers Against Suits’,The Wall Street Journal, July 23, p. 4.
Dahl, J.: 1984, ‘New Bankruptcy Law Causes Confusion Amid Claims That it is Unconstitutional’,The Wall Street Journal, July 13, p. 2.
Gini, A. R.: 1984, ‘Manville: The Ethics of Economic Efficiency?’,Journal of Business Ethics 3, 63–69.
Glaberson, W. B.: 1983, ‘The Bankruptcy Laws May Be Stretching Too Far’,BusinessWeek, May 9, p. 33.
Kansas Law Review, 1983, 31, 492.
Local Loan Co. V. Hunt: 1934, 292 U.S. 234, 244.
Marbach, W. D. & Copeland, J. B.: 1982, ‘An Asbestos Bankruptcy’,Newsweek, Sept. 6, pp. 54–57.
Martin, J.: 1983, ‘The Various Uses of the Bankruptcy Laws’,Financial World, Dec. 31, p. 34.
May, T.: 1912,Constitutional History of England 2, 145–146.
Miller, H. R. & Langerman, P. A.: 1984, ‘Once More Into the Breach’,Management Focus, May–June, 11–15.
New York Times: 1982, August 27, Sec. D., p. 3. (advertisement).
Public Law 91-354. 1970, 84Statutes at Large 468.
Public Law 95-598. 1978, 92Statutes at Large 2549. (codified in scattered sections of 11 and 28U.S.C.)
Radin, P.: 1940, ‘The Nature of Bankruptcy’,University of Pennsylvania Law Review 89, 1.
Risenfeld, S. A.: 1947, ‘The Evolution of Modern Bankruptcy Law’,Minnesota Law Review 31, 401.
Riesenfeld, S. A.: 1975,Cases and Materials on Creditors' Remedies and Debtors' Protection, 2nd ed., St. Paul, Minn., West Publishing Co.
Ross, I. (ed.): 1974,European Bankruptcy Laws,4, Section of International Law, American Bar Review, 13–18.
Statutes at Large, of the United States of America.: 1800,2, 19.
Taylor, R. E., and Dahl, J.: 1984, ‘Some Bankruptcy Judges to Continue Suit Despite Withdrawal of Threat to Salaries’,The Wall Street Journal, July 23, p. 6.
Time, March 5, 1984, p. 14.
Trost, L., King, S., & Klee, P.: 1978,The Proposed Federal Bankruptcy Reform Act, American Legal Institute — American Bar Association, 3–5.
United States Constitution: 1787, Article 1, Sec. 8.
United States Code: 1982, Sec 1121–1129.
Williams, C. M.: 1984, ‘When the Mighty Stumble’,Harvard Business Review 62 (4), 126–139.
Author information
Authors and Affiliations
Additional information
Brad Johnson is a consultant with FLR Health Resources, Dallas, Texas. His recent research has addressed health care strategic management, societal consequences of health care systems changes, and competitiveness of NFP organizations.
B. R. Baliga is Assistant Professor in Business Policy and International Business at the College of Business Administration at Texas Tech University. He has written two books on Strategies of Multinational Corporations and several articles, which have appeared in Strategic Management Journaland Journal of International Business Studies.
John D. Blair is Associate Professor of Management at the College of Business Administration at Texas Tech University. He is also Associate Professor of Health Organization and Management at the School of Medicine at Texas Tech University. He has written two coauthored books: The All-Volunteer Force: A Study of Ideology in the Military(University of Michican Press, 1977) and Leadership on the Future Battlefield(Pergamon Press, 1984).
Rights and permissions
About this article
Cite this article
Johnson, B., Baliga, B.R. & Blair, J.D. Chapter 11: Strategic advantage and social anathema?. J Bus Ethics 5, 51–61 (1986). https://doi.org/10.1007/BF02116144
Issue Date:
DOI: https://doi.org/10.1007/BF02116144