David A. Skeel, Jr.

Distorted Choice in Corporate Bankruptcy

Two new strategies—restructuring support agreements and deathtrap provisions—distort the voting process in nearly every big Chapter 11 case.  Although they could be banned, this Article, the first comprehensive assessment, calls for a more nuanced approach, outlining four rules of thumb for determining whether a distortive technique should be permitted.

Governance Reform and the Judicial Role in Municipal Bankruptcy