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Commentary: Deflate Gate and Bankruptcy Reform

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People (and institutions) like rules that give them a competitive edge, and you need only to look at the recent headlines and the media coverage of “Deflate Gate” to understand this basic concept, according to a commentary by Prof. Michelle Harner in Credit Slips today. Reportedly, Tom Brady, Peyton Manning, and other quarterbacks lobbied the NFL to allow each team to supply its own set of footballs for use by that team’s quarterback during games. How does any of this relate to chapter 11 reform, Prof Harner asks? To answer that question, ask yourself a different one: Do you like how chapter 11 currently resolves your client’s key issues in most instances? If you answered “yes,” you likely see no reason for reform. If you answered “no,” you likely would favor reform, but perhaps only those aspects of reform beneficial to your client. Therein lies the ever-present dilemma for policymakers: implementing the best policy for the overall federal bankruptcy system in the midst of so much noise.