Higher Ed ‘Do Not Resuscitate’ Orders

Source: Matthew A. Bruckner, Howard Law Research Paper No. 17-1, February 22, 2017

Abstract:
Concerned about exploitative profiteers opening fly-by-night colleges to defraud students and then seeking respite in bankruptcy court, Congress chose to effectively preclude all institutions of higher education from reorganizing in bankruptcy court. This Article contributes to the literature on higher education bankruptcies by explaining why Congress’ solution could never achieve its fraud-prevention goal. It also compares the bankruptcy treatment of healthcare enterprises to that of higher education enterprises to support this claim.

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