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Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts
 
 
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Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts [Hardcover]

Lynn LoPucki (Author)
5.0 out of 5 stars  See all reviews (2 customer reviews)


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Book Description

0472114867 978-0472114863 January 14, 2005
LoPucki's provocative critique of Chapter 11 is required reading for everyone who cares about bankruptcy reform. This empirical account of large Chapter 11 cases will trigger intense debate both inside the academy and on the floor of Congress. Confronting LoPucki's controversial thesis-that competition between bankruptcy judges is corrupting them-is the most pressing challenge now facing any defender of the status quo."
-Douglas Baird, University of Chicago Law School

"This book is smart, shocking and funny. This story has everything-professional greed, wrecked companies, and embarrassed judges. Insiders are already buzzing."
-Elizabeth Warren, Leo Gottlieb Professor of Law, Harvard Law School

"LoPucki provides a scathing attack on reorganization practice. Courting Failure recounts how lawyers, managers and judges have transformed Chapter 11. It uses empirical data to explore how the interests of the various participants have combined to create a system markedly different from the one envisioned by Congress. LoPucki not only questions the wisdom of these changes but also the free market ideology that supports much of the general regulation of the corporate sector."
-Robert Rasmussen, University of Chicago Law School

A sobering chronicle of our broken bankruptcy-court system, Courting Failure exposes yet another American institution corrupted by greed, avarice, and the thirst for power.

Lynn LoPucki's eye-opening account of the widespread and systematic decay of America's bankruptcy courts is a blockbuster story that has yet to be reported in the media. LoPucki reveals the profound corruption in the U.S. bankruptcy system and how this breakdown has directly led to the major corporate failures of the last decade, including Enron, MCI, WorldCom, and Global Crossing.

LoPucki, one of the nation's leading experts on bankruptcy law, offers a clear and compelling picture of the destructive power of "forum shopping," in which corporations choose courts that offer the most favorable outcome for bankruptcy litigation. The courts, lured by big money and prestige, streamline their requirements and lower their standards to compete for these lucrative cases. The result has been a series of increasingly shoddy reorganizations of major American corporations, proposed by greedy corporate executives and authorized by case-hungry judges.


Editorial Reviews

From Booklist

As if Americans don't have enough to concern them about corrupt corporate practices, now they need to be worried about powerful forces influencing where large failed corporations will have their bankruptcy trials judged. Fierce competition among courts to attract the bankruptcy trials of corporations with more than $220 million in assets has led to the failure of several companies, including Enron, MCI, and WorldCom. LoPucki, a law professor, offers a clear and alarming look at how courts offer streamlined procedures and lower standards to compete for huge bankruptcy cases that can bring notoriety and influence for the courts and big money to law firms. LoPucki chronicles the evolution of bankruptcy law in the U.S., how states--notably New York, New Jersey, and Delaware--have vied to attract the business, and how the trend toward "forum shopping" has expanded beyond U.S. borders. She concludes with recommendations for reform, including the creation of specialized bankruptcy courts. This is a well-researched, highly accessible look at troubling practices in corporate bankruptcy law. Vanessa Bush
Copyright © American Library Association. All rights reserved

Product Details

  • Hardcover: 336 pages
  • Publisher: University of Michigan Press (January 14, 2005)
  • Language: English
  • ISBN-10: 0472114867
  • ISBN-13: 978-0472114863
  • Product Dimensions: 8.9 x 6.3 x 1.3 inches
  • Shipping Weight: 1.4 pounds
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (2 customer reviews)
  • Amazon Best Sellers Rank: #1,828,201 in Books (See Top 100 in Books)

More About the Author

Lynn M. LoPucki is the Security Pacific Bank Distinguished Professor of Law at the UCLA Law School, and, each fall semester, the Bruce W. Nichols Visiting Professor of Law at the Harvard Law School. He teaches Secured Transactions and Empirical Analysis of Law at both schools.

LoPucki has done in empirical research on large public company bankruptcies for more than twenty-five years and has been quoted in more than a thousand news articles. The UCLA-LoPucki Bankruptcy Research Database provides data for much, if not most, empirical work on the topic. LoPucki's book, Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts (University of Michigan Press 2005) shocked the bankruptcy world with empirical evidence regarding the effects of forum shopping and court competition. LoPucki and his frequent coauthor, Joseph W. Doherty, recently published Controlling Professional Fees in Corporate Bankruptcies (Oxford University Press 2011).

LoPucki uses an empirically-based systems approach for policy analysis. He has proposed public identities as the solution to identify theft, court system transparency as the solution to judicial bias, and an effective filing system as the solution to the deceptive nature of secured credit.

LoPucki is co-author of two widely used law school case books: Secured Credit: A Systems Approach (6th edition, with Elizabeth Warren, 2009) and Commercial Transactions: A Systems Approach (with Warren, Keating, and Mann, 4th edition, 2009) a leading practice manual: Strategies for Creditors in Bankruptcy Proceedings (with Christopher R. Mirick, 5th edition, 2007) and a popular series of bankruptcy procedure flow charts: Bankruptcy Visuals. LoPucki's Death of Liability thesis - propounded in a Yale Law Journal article in 1996 - is featured in casebooks in several fields.

 

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3 of 3 people found the following review helpful:
5.0 out of 5 stars A important expose - Required reading for anyone in business, April 29, 2008
By 
Jacqueline (United States) - See all my reviews
This review is from: Courting Failure: How Competition for Big Cases Is Corrupting the Bankruptcy Courts (Hardcover)
Lynn M. LoPucki has described and documented the insidious corruption that has taken hold of the U.S. bankruptcy courts. Almost no one in the bankruptcy field will talk openly about what has happened to the practice of their profession. But the corruption and prevalence of greed are very real. Lynn M. LoPucki has decoded their playbook and exposed the pattern of corruption. The "case placers" (bankruptcy lawyers and professionals) choose where to file the cases; judges compete for big cases by appealing to them. Compromised judges readily approve lucrative fees for the lawyers and bankruptcy professionals with whom they have cozy relationships, while allowing them to suppress, muzzle and trample on the rights of shareholders and creditors who dare to object. Disturbingly, corrupt bankruptcy lawyers and professionals are becoming more artful at their game. The plays are now so well understood that case placers do not need to spell out their conspiratorial actions to one another. They have mastered the quick Section 363 sale (minimum time, maximum fees). They can effectively hijack companies through their counsel to boards of directors, then be opportunely positioned to generate millions in legal and professional fees, all readily approved by the judges who reward their brethren who bring cases to their courts, even praising them for their "hard work." The U.S. Trustee's office is no help in ferreting out the abuse. Nor is the SEC. Bankruptcy fraud and corruption are not even among the SEC's priorities. So it is "businessperson beware," and especially beware of your lawyers and professional advisors, their motives, and their connections to the bankruptcy world. No serious business person can afford not to know what is happening to the bankruptcy courts. LoPucki's book is required reading.
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3 of 3 people found the following review helpful:
5.0 out of 5 stars Excellent and well written book, January 8, 2007
By 
Reviewer (Miami FL, USA) - See all my reviews
Great book, explains how companies can abuse the bankruptcy court system. Very well written, and interesting for a general audience.
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Inside This Book (learn more)
First Sentence:
In 1884, James B. Dill was a young lawyer with a small New York City practice and a big idea. Read the first page
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New York, United States, Cayman Islands, American General, Continental Airlines, New Jersey, Los Angeles, Wall Street, Bankruptcy Research Database, Global Crossing, Courting Failure, Law School, National Bankruptcy Review Commission, Tacoma Boatbuilding, European Union, National Warranty, Netherlands Antilles, Chrysler De Mexico, South Dakota, Stonington Partners, Bankruptcy Committee, Eastern Airlines, Federal Judicial Center, Fruit of the Loom, Harvey Miller
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