The Yale Law Journal

Kenneth Ayotte

Forum

J. Crew, Nine West, and the Complexities of Financial Distress

Kenneth Ayotte & Christina Scully

The law-and-economics literature assumes that omnisciently rational “sophisticated parties” write optimal contracts, making bankruptcy law unnecessary. Two case studies, J. Crew and Nine West, illustrate the limitations of this idealized model. We argue for a theory of debt contracting based in boun…