Note: Bankruptcy-Remote Special Purpose Entities: An Opportunity For Investors To Maximize the Value of Their Returns While Undergoing More Careful and Realistic Risk Analysis

Katherine J. Baudistel
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86 S. Cal. L. Rev. 1309

The world of business and finance has become increasingly complex. Within the recent past, we have experienced significant improvements to finance as novel structures and concepts are created to meet people’s varied needs. For example, new business structures have emerged, including limited partnerships, limited liability companies, and even series LLCs. Simple lending and borrowing has changed to make debt more desirable and to further the economic growth of businesses. Commercial mortgage-backed securities allow companies to raise capital at lower interest rates. Parent-subsidiary relationships enable businesses to isolate their liability. Debt can be structured with numerous mezzanine tiers, each comprised of perhaps an unidentifiable number of investors. [MORE]