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A Special Bankruptcy Court

posted by Stephen Lubben

Lots of news today about a Congressional plan to create a special bankruptcy court for financial services firms. One question that jumps to mind:  who staffs the court?

The most likely answer is that the court would draw from other bankruptcy courts -- there is some precedent for that sort of thing.

Another, less likely, option would be to draw the court from a panel of bankruptcy professors. Presumably this would have to come with an obligation to stay current on the state of the art in finance, and the panel membership would have to be updated on a regular basis. Arguably even the worst bankruptcy judge would be better than Prof. Deadwood and his collection of war stories about the Bankruptcy Act and the Penn Central case.

Not that there is anything wrong with a Penn Central fixation, of course.


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First a correction. Correct spelling is Bankruptcy. There is no need for a special bankruptcy court. That is another burden on tax payers. If the Regulators focus on their responsibilities then "too big to fail" would not happen and likely should not have happened. We do not need more added costs and another amendement to BACPA.

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