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What We 'Know' About Chapter 11 Cost is Wrong


Stephen J. Lubben


Seton Hall University - School of Law

November 30, 2010

Fordham Journal of Corporate and Financial Law, Forthcoming
Seton Hall Public Law Research Paper No. 1718047

Abstract:     
Among the collective wisdom about large corporate bankruptcy cases, the following points are almost undisputed: Longer chapter 11 cases cost more; Prepackaged chapter 11 cases cost less; Cases filed in New York or Delaware cost more; Fee examiners control the costs of big chapter 11 cases.

But each of these points is wrong, and in most cases entirely backward. And this article provides empirical evidence to show why.

Number of Pages in PDF File: 53

Keywords: Chapter 11, Direct Costs, Bankruptcy, Financial Distress, Professional Fees, Attorneys Fees

JEL Classification: K22, K41, K42, L84

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Date posted: December 2, 2010 ; Last revised: May 25, 2011

Suggested Citation

Lubben, Stephen J., What We 'Know' About Chapter 11 Cost is Wrong (November 30, 2010). Fordham Journal of Corporate and Financial Law, Forthcoming; Seton Hall Public Law Research Paper No. 1718047. Available at SSRN: http://ssrn.com/abstract=1718047 or http://dx.doi.org/10.2139/ssrn.1718047

Contact Information

Stephen J. Lubben (Contact Author)
Seton Hall University - School of Law ( email )
One Newark Center
Newark, NJ 07102-5210
United States
973-642-8857 (Phone)
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