Professor G. Ray Warner’s essay “I Want To Be In The Room Where It Happens – Giving Voice To The Weak And Vulnerable In Chapter 11” (PDF) was published in a special edition of INSOL I-READS on the integration of morality, social responsibility, and climate change policies across insolvency frameworks.

The essay considers how Chapter 11’s approach to these considerations is contradictory. The currently dominant “creditors’ bargain” theory would exclude them, but Chapter 11 provides robust participation rights to all stakeholders, which allows them to be raised and considered.