Skip to main content

Main menu

  • Home
  • Current Issue
  • Past Issues
  • Videos
  • Submit an article
  • More
    • About JPE
    • Editorial Board
    • Published Ahead of Print (PAP)
  • IPR Logo
  • About Us
  • Journals
  • Publish
  • Advertise
  • Videos
  • Webinars
  • More
    • Awards
    • Article Licensing
    • Academic Use

User menu

  • Sample our Content
  • Subscribe Now
  • Log in

Search

  • Advanced search
The Journal of Private Equity
  • IPR Logo
  • About Us
  • Journals
  • Publish
  • Advertise
  • Videos
  • Webinars
  • More
    • Awards
    • Article Licensing
    • Academic Use
  • Sample our Content
  • Subscribe Now
  • Log in
The Journal of Private Equity

The Journal of Private Equity

ADVANCED SEARCH: Discover more content by journal, author or time frame

  • Home
  • Current Issue
  • Past Issues
  • Videos
  • Submit an article
  • More
    • About JPE
    • Editorial Board
    • Published Ahead of Print (PAP)
  • Follow IIJ on LinkedIn
  • Follow IIJ on Twitter
Primary Article

The Importance of Good Corporate Form

Preventing the Involuntary Distribution of Your Assets to Creditors of a Bankrupt Affiliate or Subsidiary

Robert Dehney, Daniel Butz and Curtiz Miller
The Journal of Private Equity Spring 2005, 8 (2) 75-80; DOI: https://doi.org/10.3905/jpe.2005.490423
Robert Dehney
A Partner
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
Daniel Butz
An associate
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
Curtiz Miller
An associate at the law firm of Morris, Nichols, Arsht & Tunnell in Wilmington, DE.
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
  • Article
  • Info & Metrics
  • PDF (Subscribers Only)
Loading

Abstract

Business enterprises regularly face operationally-threatening lawsuits targeting one or more of their products. Businesses, however, may mitigate the damage from these lawsuits by forming separate limited liability entities for each product. If such action is taken and a product becomes a target of lawsuits, the subsidiary formed around said product may file for bankruptcy and the corporate form will enable the enterprise as a whole to limit its loss. The enterprise may, however, still face significant exposure from lawsuits directed at the bankrupt subsidiary because of the prospect of substantive consolidation of non-debtors with a debtor. Unless appropriate steps are taken to protect against it, a court could order that the enterprise's assets be made available for distribution to creditors of the bankrupt subsidiary through substantive consolidation, destroying the value of the enterprise.

  • © 2005 Pageant Media Ltd

Don’t have access? Register today to begin unrestricted access to our database of research.

Log in using your username and password

Forgot your user name or password?
PreviousNext
Back to top

Explore our content to discover more relevant research

  • By topic
  • Across journals
  • From the experts
  • Monthly highlights
  • Special collections

In this issue

The Journal of Private Equity
Vol. 8, Issue 2
Spring 2005
  • Table of Contents
  • Index by author
Download PDF
Article Alerts
Sign In to Email Alerts with your Email Address
Email Article

Thank you for your interest in spreading the word on The Journal of Private Equity.

NOTE: We only request your email address so that the person you are recommending the page to knows that you wanted them to see it, and that it is not junk mail. We do not capture any email address.

Enter multiple addresses on separate lines or separate them with commas.
The Importance of Good Corporate Form
(Your Name) has sent you a message from The Journal of Private Equity
(Your Name) thought you would like to see the The Journal of Private Equity web site.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
Citation Tools
The Importance of Good Corporate Form
Robert Dehney, Daniel Butz, Curtiz Miller
The Journal of Private Equity Feb 2005, 8 (2) 75-80; DOI: 10.3905/jpe.2005.490423

Citation Manager Formats

  • BibTeX
  • Bookends
  • EasyBib
  • EndNote (tagged)
  • EndNote 8 (xml)
  • Medlars
  • Mendeley
  • Papers
  • RefWorks Tagged
  • Ref Manager
  • RIS
  • Zotero
Save To My Folders
Share
The Importance of Good Corporate Form
Robert Dehney, Daniel Butz, Curtiz Miller
The Journal of Private Equity Feb 2005, 8 (2) 75-80; DOI: 10.3905/jpe.2005.490423
del.icio.us logo Digg logo Reddit logo Twitter logo CiteULike logo Facebook logo Google logo LinkedIn logo Mendeley logo
Tweet Widget Facebook Like LinkedIn logo

Jump to section

  • Article
  • Info & Metrics
  • PDF (Subscribers Only)
  • PDF (Subscribers Only)

Similar Articles

Cited By...

  • No citing articles found.
  • Google Scholar

More in this TOC Section

  • Examining the Performance of Venture-Backed Companies in the Hong Kong IPO Market
  • What Should Investors Know About Social Ventures?
  • Private Equity Returns in Emerging Markets
Show more Primary Article
LONDON
One London Wall, London, EC2Y 5EA
United Kingdom
+44 207 139 1600
 
NEW YORK
41 Madison Avenue, New York, NY 10010
USA
+1 646 931 9045
pm-research@pageantmedia.com
 

Stay Connected

  • Follow IIJ on LinkedIn
  • Follow IIJ on Twitter

MORE FROM PMR

  • Home
  • Awards
  • Investment Guides
  • Videos
  • About PMR

INFORMATION FOR

  • Academics
  • Agents
  • Authors
  • Content Usage Terms

GET INVOLVED

  • Advertise
  • Publish
  • Article Licensing
  • Contact Us
  • Subscribe Now
  • Log In
  • Update your profile
  • Give us your feedback

© 2021 Pageant Media Ltd | All Rights Reserved | ISSN: 1096-5572 | E-ISSN: 2168-8508

  • Site Map
  • Terms & Conditions
  • Privacy Policy
  • Cookies