PrepTest 156, Section 1, Question 16

ApplicationDifficulty3 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)

The passage most helps to(10 more words not shown)

Reading the passage

This is an open information question, so I wouldn't predict one specific fact. We have descriptions of the two approaches, their stated defenses, and the author's criticisms. We do not have a statistical study of bankruptcy outcomes. Check whether the actual question in each choice can be answered from that material.

Working the answers

  • A

    Allowing a business to reorganize doesn't tell us how likely it is to recover. No success rate or other assessment of that likelihood is supplied.

  • B

    The traditional approach pays creditors a set percentage, but we aren't told what that percentage is on average. Knowing how payments are distributed isn't the same as knowing how much debt creditors usually recover.

  • C
    Correct

    Jackson says that a compulsory collective process guarantees fair adjudication of claims and efficient collection. Those are his arguments for the approach. We can identify his reasons without agreeing that they settle the issue.

  • D

    No ranking of different kinds of creditors is given. The final paragraph actually identifies the lack of a way to compare vulnerability across affected parties as a problem; it doesn't solve that problem by naming a most-vulnerable class of lender.

  • E

    Korobkin identifies harms to employees, suppliers, and the community that a creditor-centered process neglects. Those are consequences of its limited priorities, not examples of inefficient debt collection. Jackson claims efficiency for the collection process, and no list of inefficiencies in that process follows.

More Application questions

Learn the LSAT our way

Our platform drills Application questions at your level and adjusts as you improve.

See plans and pricing

HFL LSAT Advisor

Online

Hi! I'm HFL's LSAT advisor.

Tell me your score and goal and I'll point you to the right plan — or ask me anything.