Bankruptcy scholars spend too much time thinking about distributional norms and not enough assessing the impact of bankruptcy rules on the quality of governance in Chapter 11. That, in short, is the thesis of The Bankruptcy Partition, the contribution of Professors Baird, Casey, and Picker to this symposium. Of course, the authors being who they are, the Article is about much, much more. This brief response seeks to draw out some of the article’s themes and, in the last Part, to suggest an approach to thinking about the nature of the bankrupt firm that could deepen and extend a conversation the authors usefully begin.
The Bankruptcy Firm
- Vincent S.J. Buccola
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- Assistant Professor, the Wharton School of the University of Pennsylvania.