An Empirical Analysis of Bankruptcy Certiorari

Research output: Contribution to journalArticlepeer-review

Abstract

This article analyzes data from every certiorari petition involving either a bankruptcy case or an issue of bankruptcy law since the Bankruptcy Code's 1978 enactment. In bankruptcy cases, the certiorari process has favored governmental and institutional litigants. The statistical result is extremely robust and significant when subjected to regression analysis. For state governments and institutional litigants, no satisfactory, neutral explanation can be offered for this apparent bias. These results were consistent with other scholarship that demonstrated the increased likelihood of a governmental petitioner being granted cert. The finding for institutional litigants is new. We were not able to duplicate results showing that the presence of a governmental respondent made certiorari more likely.
Original languageEnglish (US)
Article number10
Pages (from-to)101-134
Number of pages34
JournalMissouri law review
Volume62
Issue number1
StatePublished - 1997

Keywords

  • Bankruptcy

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