Bankruptcy and Corporate Law: Best Together

Although often analyzed separately, these two systems are best understood together: corporate law establishes the conditions for risk, while bankruptcy law provides the rules for allocating losses when those risks fail. Here, we briefly compare the underlying philosophies of each and highlight their points of tension and complementarity.

8 minute read March 01, 2026 at 12:07 AM
By
Marc Casarino and Philip Allogramento
Bankruptcy and Corporate Law: Best Together

In recent years, the United States has seen a marked rise in corporate bankruptcy filings, a trend largely driven by broad macroeconomic pressures — persistent inflation, higher interest rates, tightening credit markets, tariffs and sector-specific demand shocks.

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