Bankruptcy Generally

The Bad CHOICE Act

07/11/16

I'm testifying before House Financial Services tomorrow regarding the "CHOICE Act," the Republican Dodd-Frank alternative.  My testimony is here.

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Puerto Rico Restructuring Options That Don't Rely on Congress

04/15/16

The revised draft PROMESA bill (available here) is now under debate in Congress. The bill appears to respond to some early criticisms, although its length and complexity obscures answers to some important questions. Under the circumstances, it seems sensible for the Commonwealth to consider all of its options, including those that do not require Congressional action.

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Puerto Rico And (Very) Soft Executive Power

03/02/16

Melissa's post asked what the executive branch could do to facilitate restructuring of Puerto Rico's debt. I'll get to that, but I first want to talk about Puerto Rico itself. At first glance, the Commonwealth seems to be in a uniquely terrible position. It has the disadvantages of a sovereign (e.g., no bankruptcy) but lacks the advantages (e.g., legal and/or practical immunity from legal enforcement).

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Longest Running Catholic Archdiocese Chapter 11 Case Finally Ends

11/10/15

The Archdiocese of Milwaukee filed its chapter 11 petition on January 4, 2011. Yesterday, four years and ten months later, Bankruptcy Judge Susan Kelley confirmed the dioceses' reorganization plan. During those four plus years, the most contentious issue regarded a $55 million trust fund established rather suspiciously prior to filing to care for a cemetery.

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Who "Presides" over Chapter 13 Plan Confirmation Hearings?

11/02/15

Shutterstock_329900393Temple Law Review will soon publish a volume honoring Bil

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