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