House Judiciary Testimony on Chapter 11 Abuses
I'm testifying before the House Judiciary Committee on Wednesday at a hearing entitled "Confronting Abuses of the Chapter 11 System." My written testimony can be found here. It touches on six topics:
- Non-debtor releases
- Judge-picking
- Lack of appellate review (especially equitable mootness)
- Increased use of sub rosa plans
- Increasingly brazen fraudulent transfers
- Payday before mayday executive bonuses
By the way, since my draft article on Purdue has been public, I've heard from a number of attorneys, including folks I had not previously known, confirming various insights in the paper and wanting to tell me their own stories. I have really appreciated that and learned a lot from it. I have not seen this scale of a reaction to a paper previously. So if you've got your own tale of aggressive restructuring transactions being blessed by a hand-picked judge and then evading appellate review, I'm eager to hear them (and won't attribute them to you).
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