The Comment argues that the SPE presents a limited situation in which bankruptcy courts should enforce a waiver of bankruptcy eligibility. Specifically, it argues that a firm's promise not to file for bankruptcy should be enforceable if that firm is not insolvent. The Comment also argues that the SPEs in In re General Growth present an example of cases where bankruptcy courts should relax the rule that waivers of bankruptcy eligibility are generally non-enforceable.
Bankruptcy-Remote Special Purpose Entities and a Business's Right to Waive Its Ability to File for Bankruptcy,
Emory Bankr. Dev. J.
Available at: https://scholarlycommons.law.emory.edu/ebdj/vol28/iss2/10