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2012
May 14
The Constitutional scheme of uniform federal bankruptcy is a bad idea; the states should have more leeway to adopt their own different approaches to financial distress, at least for their own individual citizens and companies with purely intra-state operations.
Apr 27
The debtor-in-possession model has proven too susceptible to abuse; a trustee should be appointed in every Chapter 11 case, at least as a check on a DIP with more limited management authority.
Apr 10
Section 363 sales should be possible only for a limited percentage of assets; sales of a greater percentage of assets should be subject to creditor voting in the plan confirmation process.
Apr 2
“Liquidating Chapter 11 plans” should be prohibited; conversion to Chapter 7 should be the only option for a business case to end in liquidation.
Mar 12
Who will win the NCAA basketball championship?
Mar 5
The current model of debtor choice between Chapter 7 and Chapter 13 should be replaced by a model under which the trustee (or some other public official) routes cases to the appropriate path to relief.
Feb 20
The requirement that all individual debtors receive credit counseling as a prerequisite to filing a bankruptcy petition should be repealed.
