Corptate bankruptcy law and business reorganization in the United States and the Netherlands : a comparative legal analysis of the use of the bankruptcy laws as a means of reorganization of large businesses run in the form of corptations

Abstract

As the title of this thesis indicates the topic of this study is "Corporate Bankruptcy Law and Business Reorganization in the United States and the Netherlands: A comparative legal analysis of the use of the bankruptcy laws as a means of reorganization of large businesses run in the form of corporations." This is a vast topic and some further explanation as to the exact subject matter of this thesis is necessary. Limitations of the thesis can be deduced from the title itself. This thesis deals with bankruptcy law, but it does not encompass all bankruptcy procedures or all the possible applications of bankruptcy procedures. The main focus is on those bankruptcy procedures that might lead to the financial and economic reorganization of the corporation or its underlying business. The use of the bankruptcy laws by a large corporation in order to reorganize its business does not necessarily preserve the corporate entity itself. The effect of corporate bankruptcy could be that the business continues to be run within the same corporate entity. On the other hand, it could also lead to the preservation of the corporation's underlying business whereas the corporate entity is extinguished.