This article is a response to Professor Yair Listokin's article: Paying for Performance in Bankruptcy: Why CEOs Should be Compensated with Debt. In this response, I argue that the Professor Listokin's proposal is for empowering creditors' committees to bind all unsecured creditors to compensate...

Creditors have long understood that any claims they submit for repayment in a bankruptcy might be valid, but subject to subordination in the order of payment of the bankruptcy estate's limited funds if the creditor behaved inequitably as the debtor failed. A groundbreaking opinion in Enron's...

Whether a customer pays with cash, check, PIN- or signature-based debit card, or credit card, the transactions costs imposed on the merchant differ widely, but credit card networks' no-surcharge rules prevent the merchant from passing those different costs along to the customer. These...

Creditors have long understood that any claims they submit for repayment in a bankruptcy might be valid, but subject to subordination in the order of payment of the bankruptcy estate's limited funds if the creditor behaved inequitably as the debtor failed. Enron's on-going bankruptcy raised many...

This Critique takes issue with four of the main assertions of the American Bankers Association's Study on Credit Card Regulation. First, this Critique addresses the ABA Study's claim that credit card pricing is risk-based and demonstrates that only certain elements of card pricing are marginally...

Merchants pay banks a fee on every credit card transaction. These credit card transactions cost American merchants an average of six times the total cost of cash transactions. The variation in fees among credit cards is also large, with some cards, such as rewards cards, costing merchants twice...

Who pays for credit card rewards? This Article demonstrates empirically that credit card rewards programs are funded in part by a highly regressive, lt;igt;sub rosalt;/igt; subsidization of affluent credit consumers by poor cash consumers. In its worst form, food stamp recipients are subsidizing...

In recent years, the cost to merchants of accepting credit cards has risen dramatically without a corresponding increase in the benefits. This trend has sparked a wide-ranging struggle between merchants and banks, as merchants have begun to seek methods for limiting payment costs. The conflict...

This is a short analysis of the Taxpayer Protection and Responsible Resolution Act (TPRRA) of 2018, a proposal to amend the Bankruptcy Code add a new Chapter 14 authorizing a single-point-of-entry style resolution of failed bank holding companies. The analysis shows that TPRRA would dangerously...