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Mediation: An Irrational Approach to a Rational Result
This panel will focus on the irrational biases for decision-making in bankruptcy. The essence of bankruptcy is deciding how to divide the debtor's metaphorical shrinking economic pie among qualified creditors. At its optimum, bankruptcy decision-making is efficient and rational. However, at other times even the most skilled bankruptcy practitioners are stymied by the inability of bankruptcy participants to make seemingly rational business decisions. Why can't everyone be rational? Decision-making is not a rational process. Behavioral economic scholars such as Daniel Ariely and Daniel Kahneman explain that we all have psychological biases that interfere with our ability to make objectively rational decisions. Bankruptcy practitioners who understand these biases learn strategies to influence them and thus enhance optimal bankruptcy decisionmaking.
Compare and Contrast U.S. and Mexican Law
The panel will explore many of the major differences between U.S. chapter 11 and the Concurso Mercantil and discuss such topics as bondholder recognition, classification of claims, creditor voting and confirmation of a reorganization plan, financing issues and sale of assets.
Corporate Restructurings in Mexico under the Ley de Concurso Mercantil
The panel will focus on some of the significant corporate restructurings and leading bankruptcy decisions in Mexico rendered under the Ley de Concurso Mercantil. Holdings and implications from decisions such as Durango, CCM and Vitro will be discussed.
Cross-Border Recognition Issues between U.S. and Mexico
The panel will discuss attempts to apply creditor protections and applying the concept manifestly against public policy.
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