Problems in the Code, Second Edition

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Howard Brod Brownstein, CTP (The Brownstein Group; Conshohocken, Pa.) has guided his eponymous ABI Journal column since 2011, launched at the same time that the Commission to Study the Reform of Chapter 11 was starting its work. The articles collected in this new edition encompass the remarkable diversity of topics that have been the subject of those pieces and, though Congress has acted on a few of the Commission’s recommendations, it is clear there is still work to be done. This digital volume will be a useful guide to some of the more problematic corners of the bankruptcy field, many of them, as Mr. Brownstein remarks in his preface, surrounding such topics as:

 

• Circuit “Splits,” whereby interpretation varies by jurisdiction, leading to inconsistent application of laws and forum-shopping;

• Areas where courts and/or attorneys have created “workarounds” to adapt the Code to the reality of business necessities and practice of law, such as the so-called “Jay Alix Protocol” in the Third Circuit; and

• Situations where one or more of the ultimate purposes of bankruptcy — e.g., creating fair opportunities for debtors to be rehabilitated, treating creditors of the same class equally, etc. — just aren’t being served well by the Code and Rules as written.

Authors
Authors
Author Howard Brod Brownstein