PrepTest 156, Section 1, Question 15

Main PointDifficulty3 of 5
Passage 3Competing approaches to corporate bankruptcy
The questionFull text in your LawHub copy of PrepTest 156

Traditionally, corporate bankruptcy law placed highest priority on(440 more words not shown)

Which one of the following(9 more words not shown)

Reading the passage

We've already predicted a qualified assessment: Korobkin improves on Jackson's creditor-focused approach, but his broader proposal still has serious weaknesses. The answer needs both parts. Describing only Korobkin's objection to Jackson would leave out the author's final evaluation.

What we’re looking for

The phrase “more equitable” also matters. The author doesn't treat the two approaches as equally satisfactory or equally bad; Korobkin's is fairer, even though it isn't a complete solution.

Working the answers

  • A

    This captures Korobkin's criticism of Jackson, but stops before the author assesses Korobkin's own approach. It could describe the second paragraph without accounting for the final one. Being an accurate report of a participant's objection doesn't make it the overall main point.

  • B
    Correct

    Fairer, but not without drawbacks: that is the balance we predicted. Considering employees, suppliers, and other affected parties broadens protection. The final paragraph then identifies higher credit costs and an unresolved problem of comparing different parties' vulnerability.

  • C

    Employees are only one of the affected groups Korobkin wants included. More importantly, this gives his reason for opposing Jackson rather than the author's evaluation of his alternative. It leaves out the limits of Korobkin's proposal.

  • D

    This again reports Korobkin's case against liquidation. It doesn't include the author's concern about the costs and difficult trade-offs that remain when companies reorganize.

  • E

    We aren't given a comparison of the proposals' popularity among policymakers. The author's qualified preference for Korobkin doesn't establish how widely either approach is accepted.

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