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by refurb 2472 days ago
Bankruptcy? What do you propose as an alternative when liabilities exceed assets?
2 comments

A Chapter 11 is a filing for reorganization of debt, to keep the business alive and pay creditors over time, often at a discount and privileging some debtors over others.

Even within traditional US Bankruptcy codes, there could instead be a Chapter 7 liquidation bankruptcy. In which the company is simply (or not so simply) liquidated and all assets used to pay creditors. Purdue pharma isn't a public company. I'm not sure how to look up it's net worth.

The Sacklers will of course prefer whichever will lose them the least money.

That's before we start talking about the ways in which a company's owners can indeed legally be liable for the company's fraudulent or criminal behavior, and long before we start talking about the guillotines.

Piercing the veil. This is not a lemonade stand going under. Here, "Liabilities" correspond to dead bodies. In the thousands.
What law permits this now; or are you proposing a new law? If so, how would it work?
https://www.law.cornell.edu/wex/piercing_the_corporate_veil

> "Piercing the corporate veil" refers to a situation in which courts put aside limited liability and hold a corporation's shareholders or directors personally liable for the corporation’s actions or debts.