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Although some commentators have argued in favor of limiting a debtor's ability to discriminate among creditors of the same priority level, they have agreed that discrimination based upon subordination rights is viewed as fair.
In written depositions handed to the judge, Mr Mitchell said: "The Football League have … constructed a device under which, on insolvency, 'football creditors' are paid in full whilst ordinary unsecured creditors of the same class receive a very modest dividend.
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The upshot of the analysis is that both types of rules protect creditors, but the same can be said of specific contractual solutions.
Several other countries including Uruguay in 2003 have managed to restructure their debts without running foul of courts and creditors in the same way.
Greece could bank on a geopolitical premium; its creditors were the same group of countries interested in access to Greek military facilities.
Greece learned that after electing the far-left Syriza movement in 2015, only to see it back down from a fight with the country's creditors and adopt many of the same positions it had long vilified.
Now, Mr. Spencer said, creditors see the same risk in the Puerto Rico rescue plan.
As part of the Greek debt deal, the European Central Bank will be shielded against losses on the Greek bonds it holds, a move that relegates, or subordinates, the claims of private creditors who hold the same bonds.
This time around, the High Court heard yesterday that the club had an unpaid tax bill of about £2m with other creditors owed about the same amount.
That is true, said the Court of Appeals, but there are exceptions to that rule, such as where both the creditor and the debtor are members of the same partnership or LLC.
In many cases both debtors and creditors answer to the same master, the government.
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