I Declare Bankruptcy?: Puerto Rico v. Franklin California Tax-Free Trust Decided - Podcast
Corporations, Securities & Antitrust Practice Group Podcast
Corporations, Securities & Antitrust Practice Group Podcast
On June 13 the United States Supreme Court issued its opinion in Puerto Rico v. Franklin California Tax-Free Trust, finding that Chapter 9 of the federal Bankruptcy code preempts Puerto Rico’s Recovery Act. The decision prevents Puerto Rico from adopting a settlement plan for its debt through its own legislation and requires it to depend on Congress for a solution. Our experts discussed the opinion and its implications.
Featuring:
S. Samuel Arsht Professor of Corporate Law, University of Pennsylvania Law School
David Skeel is the Caryl Louise Boies Visiting Professor of Law at New York University, and the S. Samuel Arsht Professor of Corporate Law at the University of Pennsylvania. He is the author of The New Financial Deal: Understanding the Dodd-Frank Act and its (Unintended) Consequences (Wiley, 2011); Icarus in the Boardroom: The Fundamental Flaws in Corporate America and Where They Came From (Oxford University Press, 2005); Debt’s Dominion: A History of Bankruptcy Law in America (Princeton University Press, 2001); and numerous articles on bankruptcy, corporate law, financial regulation, Christianity and law, and other topics. Professor Skeel has also written commentaries for the New York Times, Wall Street Journal, Books & Culture, The Weekly Standard, and other publications.
William F. Baxter-Visa International Professor of Law, Stanford Law School
Marcus Cole is a leading scholar of the empirical law and economics of commerce and finance, and teaches courses in the areas of Bankruptcy, Banking, Contracts, and Venture Capital. Professor Cole’s writings have explored questions such as why corporate bankruptcies are increasingly filed in Delaware, and what drives the financial structure of firms backed by venture capital. His current research interests involve the ways in which the world’s poor are using technology to solve their own problems, often in the face of government restrictions hindering such solutions. Professor Cole has served as a National Fellow at the Hoover Institution, and is a Fellow at the University of Amsterdam Center for Law and Economics. He has been a Visiting Professor at a number of institutions around the world, including the University of Amsterdam, the University of Vienna, the University of Leiden, Bucerius University in Hamburg, Germany, Northwestern University, Korea University, and Peking University School of Transnational Law in Shenzhen. Professor Cole has also served on the boards of several civic and charitable organizations, including that of the Central Pacific Region of the Anti-Defamation League of B’nai B’rith, and Businesses United in Lending and Development (“BUILD”). He currently serves on the Editorial Board of the Cato Supreme Court Review, the Academic Advisory Board of Bar-Bri, the Advisory Board of the Independent Institute’s Center on Culture and Civil Society, and is President of the Board of Directors of Rocketship Education, a national, non-profit charter school network, operating California’s most successful charter schools for low-income children. Before joining the Stanford Law faculty in 1997, Professor Cole was an associate with the Chicago law firm of Mayer Brown, and he clerked for Judge Morris Sheppard Arnold of the United States Court of Appeals for the Eighth Circuit.