Bankruptcy Alternatives to Title II of the Dodd-Frank Act – Part II
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Part I of this article focused on the rationale for a new resolution regime in Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”), the perceived inadequacies in a Bankruptcy Code approach to the resolution of large financial institutions, the developmental work of the Federal Deposit Insurance Corporation on Title II, including the single-point-of-entry strategy, intended to make Title II an operational reality, and the role of resolution planning under Title I. Part II of this article discusses the various proposals to revise the Bankruptcy Code to make it a more viable alternative for resolving large financial companies, the contending views on such efforts, and the effects of such efforts on the prospects for the use of the Title II process.