68 - Scholars Rethink the Government Muscular Role in Chrysler Bankruptcy
The latest ABI podcast features a discussion between ABI Executive Director Samuel J. Gerdano and a panel of bankruptcy scholars examining the government's role in Chrysler and what it suggests about the coming GM bankruptcy. Profs. Mark Roe of Harvard Law School, David Skeel of the University of Pennsylvania Law School and Todd Zywicki of the George Mason University School of Law give their thoughts on the manner in which the federal government has inserted itself into the chapter 11 process. The experts touch on such topics as whether the government has the power to pick the winners and losers among the stakeholders in bankruptcy cases, if the process engineered for Chrysler is a violation of the Code's absolute priority rule and what the future effects are on lenders who now must weigh new potential risks of their investments.