Financial Regulation
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Bankruptcy Remoteness
A legal and organizational design intended to reduce the likelihood that pooled assets become part of an originator's or special-purpose entity's insolvency estate.
Why It Matters
Bankruptcy remoteness supports predictable cash-flow allocation in structured finance but raises questions about true sale, substantive consolidation, creditor rights, and the private ordering of insolvency risk.
Selected Literature
A short list of directly relevant archive entries.
1994
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1995
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2000
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Related Cases
1996
Financial Law
United States v. Winstar Corp.
518 U.S. 839 (1996)
Government contractual commitments made during thrift supervisory mergers and later regulatory change.