Higher Ed ‘Do Not Resuscitate’ Orders

45 Pages Posted: 24 Feb 2017 Last revised: 23 Jan 2019

Date Written: July 3, 2017


Congress has effectively precluded all institutions of higher education from reorganizing in the bankruptcy courts because it was concerned about exploitative profiteers opening fly-by-night colleges, defrauding students, and then finding refuge there. This choice harms students, employees, creditors and communities. As such, this Article advocates that Congress should reverse its decision and allow colleges to reorganize in bankruptcy. To support this argument, this Article contrasts the bankruptcy treatment of healthcare enterprises to that of higher education enterprises. In doing so, this Article builds on my own prior work and contributes to the literature on higher education bankruptcies.

Keywords: Bankruptcy, Higher Ed, College, Universities, Bankrupt, Debtor, Healthcare, Chapter 11, Higher Education, Reorganization, nonprofit, for-profit, restructure, Title IV, Medicare, HHS, CMS, reorganize, fly-by-night, profiteer, chapter 9, Code

Suggested Citation

Bruckner, Matthew A., Higher Ed ‘Do Not Resuscitate’ Orders (July 3, 2017). Kentucky Law Journal, Vol. 106, No. 223, 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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