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Private Equity, Conflicts, and Chapter 11

The Three Types of Attorney Conflicts That Undermine Corporate Restructuring

Private equity has become a dominant force in distressed investing and Chapter 11 corporate reorganization. As a result, three new types of attorney conflicts have emerged, each of which threatens to undermine the efficacy and credibility of the bankruptcy system. Bankruptcy judges, practitioners, and scholars must respond. This Comment provides those stakeholders with a doctrinal and normative framework to understand the conflicts that pervade the system. In particular, this Comment defines three types of conflicts, explains how each threatens the functionality of Chapter 11 corporate restructuring, lays the doctrinal groundwork for a new understanding of attorney disinterestedness, and provides solutions to mitigate the relevant conflicts. In doing so, this Comment provides much-needed guidance to bankruptcy stakeholders who are keen to ensure debtor estates receive competent, loyal, and zealous representation.