e. The “common pool problem” refers to a situation where creditors are owed more than
the value of the firm’s assets. Here each individual creditor might try to collect what
was owed to him or her quickly, knowing that there was not enough to satisfy all
creditors. It might be that the company would be worth more, hence creditors in total
would receive more, if the firm were reorganized, but if one creditor seized some vital
property, the company might be put out of business and forced to liquidate. In this
situation, all the creditors would, in self-defense if for no other reason, be quick to try
to get their money out, which would shut down the debtor firm. The Bankruptcy Act
g. A “pre–pack” is a pre-packaged bankruptcy reorganization plan. Here a plan is
worked out between management and the major creditors prior to filing for Chapter
11 protection. Pre-packs are most feasible under either of two conditions: (1) The
firm is fundamentally sound and is merely experiencing a temporary liquidity
problem, or (2) there are relatively few creditors, as that makes it easier to conduct
negotiations. In a pre-pack (and also in other reorganization plans), smaller claims are
generally paid off in full to avoid administrative hassles. The judge could, of course,
cram down a pre-pack.
h. The term “cramdown” refers to the situation where the bankruptcy judge forces
various claimants to accept terms that they do not like and vote against, i.e., the judge
crams the plan down the throats of the various parties. Bankruptcies are typically
Answers and Solutions: 25-2