By Robert Lemons (Weil) and Patrick Feeney (Weil) Over the past several years, certain circuits criticized the Equitable …
Another Court Adopts Majority View in Approving Bankruptcy Trustee’s Use of Tax Code: Look-Back Period in Avoidance Actions
By Daniel J. Merrett (Jones Day) and Mark G. Douglas (Jones Day) The ability of a bankruptcy trustee or chapter 11 …
The Aftermath of a Complicated Breakup: Third Circuit Holds Stalking Horse Bidder in Terminated Transaction May Assert Potential Administrative Expense Claim Notwithstanding Disallowance of Its Termination Fee
By Ronit J. Berkovich (Weil) In a recent decision, In re Energy Future Holdings Corp., 2021 U.S. App. LEXIS 7400 (3d Cir. 2021) …
The Municipal Bond Cases Revisited
By Allison Buccola (Independent) and Vince Buccola (Assistant Professor, The Wharton School) Puerto Rico’s Title III …
Value Tracing and Priority in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom Up
By Edward J. Janger (Professor, Brooklyn Law School) and Stephan Madaus (Professor, Martin-Luther-University …
Government Activism in Bankruptcy
By Jared A. Ellias (Bion M. Gregory Chair in Business Law and Professor of Law, UC Hastings College of Law) and George Triantis …
Reorganization without Bankruptcy: Untying the Gordian Knot That Destroys Firm Value
By Noam Sher (Assistant Professor of Law, Ono Academic College, Israel) In a recent article, I present a new theory for …
Hidden Wealth Transfers in Bankruptcy Asset Sales: A Real Option Analysis
By Jordan Neyland (Assistant Professor of Law, Antonin Scalia Law School at George Mason University) and Kathryn St. John (Legal …
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Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
By Anthony J. Casey (Professor, The University of Chicago Law School) and Joshua Macey (Assistant Professor, The University of …
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The Proceduralist Inversion – A Response to Skeel
By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
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My Creditor’s Keeper: Escalation of Commitment and Custodial Fiduciary Duties in the Vicinity of Insolvency
By Amir Licht (Professor, Interdisciplinary Center Herzliya, Israel) In several common law jurisdictions, creditors of …
Bankruptcy, Bailout, or Bust: Early Corporate Responses to the Business and Financial Challenges of COVID-19
By Diane Lourdes Dick (Professor of Law, Seattle University School of Law) Over the last year, publicly traded companies have …
Bankruptcy & Bailouts; Subsidies & Stimulus: The Government Toolset for Responding to Market Distress
By Anthony J. Casey (The University of Chicago Law School) In the spring of 2020, as the Covid-19 pandemic shut down economies …
An Assessment of the UK Restructuring Moratorium
By Jennifer Payne (Linklaters Professor of Corporate Finance Law, University of Oxford) In a recent paper I analyze the …
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Restructuring Corporate Debt – A Different Kind of Cycle
By Mike Harmon (Gaviota Advisors, LLC) and Claudia Robles-Garcia (Stanford Graduate School of Business) Corporate leveraged …
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Bespoke Bankruptcy
By Laura N. Coordes (Associate Professor of Law, Sandra Day O'Connor College of Law) The U.S. Bankruptcy Code is the primary …
Delaware Corporate Law and the “End of History” in Creditor Protection
By Jared A. Ellias (University of California Hastings Law) and Robert J. Stark (Brown Rudnick LLP) We briefly survey the …
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Bail-outs and Bail-ins are better than Bankruptcy: A Comparative Assessment of Public Policy Responses to COVID-19 Distress
By Kristin van Zwieten (University of Oxford), Horst Eidenmüller (University of Oxford), and Oren Sussman (University of …
Chapter 15 and Bankruptcy Credit Events under Credit Default Swaps
By Corinne Ball, George Cahill, Kay Morley, Jay Tambe, Bruce Bennett, & Heather Lennox (Jones Day) A recent spate …
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Singapore Schemes of Arrangement: Empirical and Comparative Analysis
By Wai Yee Wan (City University of Hong Kong), Casey Watters (Bond University), and Gerard McCormack (University of …
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