Higher Ed ‘Do Not Resuscitate’ Orders

51 Pages Posted: 24 Feb 2017 Last revised: 10 Mar 2017

Matthew A. Bruckner

Howard University School of Law

Date Written: February 22, 2017


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.

Keywords: Bankruptcy, Higher Ed, Education, College, Universities, Bankrupt, Debtor, Healthcare

Suggested Citation

Bruckner, Matthew A., Higher Ed ‘Do Not Resuscitate’ Orders (February 22, 2017). Howard Law Research Paper No. 17-1. Available at SSRN: https://ssrn.com/abstract=2922147 or http://dx.doi.org/10.2139/ssrn.2922147

Matthew A. Bruckner (Contact Author)

Howard University School of Law ( email )

2900 Van Ness Street, N.W.
Washington, DC 20008
United States

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