March 11, 2009

Circuit City Unplugged: Did Chapter 11 Fail to Save 34,000 Jobs?

  • Todd Zywicki

    George Mason University Foundation Professor of Law, Antonin Scalia Law School, George Mason University
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This testimony maintains that although it may be possible that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA") may have marginally contributed to the disproportionate number of retail bankruptcies rather than successful reorganizations, there are numerous other factors that may have likely contributed substantially to these liquidations. And repealing the relevant provisions in BAPCPA will engender other new problems that could wipe the productive elements of the Act. Hence the benefits of their repeal should be weighed against its costs.