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11 J. Corp. L. Stud. 1 (2011)

handle is hein.journals/corplstd11 and id is 1 raw text is: La PRE-PACKAGED ADMINISTRATIONS AND THE CONSTRUCTION OF PROPRIETY VANESSA FINCH* V.SS The pre-pack remains a controversial process in spite of sustained attempts to i7 relevant control mechanisms so as to boost its acceptabilit. Pre-packs are intrin difficult to regulate and a particular problem is that dfferent controls may operat a d divergent conceptions of propriet-of what constitutes fair and appropriate tre for parties affected by pre-packs. The potential result of such divergencies is a Of confusion that may undermine the pre-pack as a rescue mechanism that merits approval. There are, nevertheless, numerous strategies that can be used for b) dfferent Pre-pack controls into alignment, and of particular value may be app7 that simphify institutional structures and see the processes of entry into adminis as opportunities for resolving differences of perspective. For lawyers, these considej may point to the need for the courts to play a facilitating role and to oversee pre i n a way that harmonises dfferent control systems and fosters common understa regarding propriety within pre-packs. A. INTRODUCTION pre-packaged administration' is a process that has provoked ia attacks, commentaries and reports-not to mention a new st