Section I of this Note discusses the goals and weaknesses of the identity of interest exception; Section II explains the advantages of consolidation and novation; and the final Section suggests a way to separate cases where novation is appropriate from those where consolidation is the preferred remedy.
Michigan Law Review,
Abandoning Bankruptcy Law's "Identity of Interest" Exception,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol78/iss2/6