By Axel Krohn (Martin-Luther-University Halle-Wittenberg, Germany) The European Directive on restructuring and insolvency …
The Law and Economics of Investing in Bankruptcy in the United States
By Jared A. Ellias (University of California Hastings College of the Law) When commentators describe American bankruptcy law as …
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How Cities Fail: Service Delivery Insolvency and Municipal Bankruptcy
By Clayton Gillette (New York University School of Law) Courts in municipal bankruptcy cases have confronted the inherent …
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Net-short Creditor Activism is an Urban Legend
By Vincent S.J. Buccola (University of Pennsylvania - The Wharton School), Jameson K. Mah (Cyrus Capital Partners), Tai Yi Zhang …
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Where Past is Prologue: Applying Lessons from the Past to Protect ABL Lenders in a World of Future Distress
By Shana A. Elberg, Seth E. Jacobson, & George R. Howard (Skadden) Today, U.S. borrowers are more indebted than ever …
Secured Credit Spreads
By Efraim Benmelech (Northwestern University - Kellogg School of Managemen, Nitish Kumar (University of Florida), and Raghuram …
Want to Take Control of Professional Fees in Large Chapter 11 Bankruptcy Cases? Talking with Your Client’s General Counsel is a Good First Step
By Professor Nancy Rapoport (William S. Boyd School of Law, University of Nevada, Las Vegas) As someone who studies …
Ultra III: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On November 26, 2019, the Fifth Circuit granted a petition for rehearing en banc and issued a …
INSOL Europe/LexisNexis coronavirus (COVID-19) Tracker of Insolvency Reforms—China
By Xiahong Chen (China University of Political Science and Law) The modification of Enterprise Bankruptcy Law of the People’s …
Bankruptcy Claim Dischargeability and Public Externalities: Evidence from a Natural Experiment
By Michael Ohlrogge (New York University School of Law) In 2009, the Seventh Circuit ruled in U.S. v. Apex Oil that certain …
Venezuela’s Potential Debt Restructuring and Economic Recovery Efforts: Some Key Legal and Policy Challenges
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) The article provides an overview of certain key …
Badges of Opportunism: Principles for Policing Restructuring Support Agreements
By Edward J. Janger (Brooklyn Law School) and Adam J. Levitin (Georgetown University Law Center) Business reorganizations are …
Covenant of Good Faith and Fair Dealing Examined: La Paloma
By Ronit J. Berkovich and Fraser Andrews (Weil) On January 13, 2020, the United States Bankruptcy Court for the District of …
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A Bankruptcy History of Manias and Panics (in 80 pages)
By Mark Perelman (Yale School of Management) Fraud and irrationality are often blamed for financial manias and panics. Investor …
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What Small Businesses Need Most Is A Little More Time
By Brook Gotberg (University of Missouri Law School; Chair, Small Business Committee of the Bankruptcy & COVID-19 Working …
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Tribune II: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On December 19, 2019, the Second Circuit issued its amended opinion in In re Tribune Company …
Estimating the Need for Additional Bankruptcy Judges in Light of the COVID-19 Pandemic
By Benjamin Iverson (BYU Marriott School of Business), Jared A. Ellias (University of California, Hastings College of the Law), …
Bond Trustees, and the Rising Challenge of Activist Investors
By Steven L. Schwarcz (Duke University School of Law) Large financial institutions, such as U.S. Bank or Bank of NY Mellon, …
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More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC
By Charles Tabb and Carly Everhardt (Foley & Lardner) In Ritzen Group Inc. v. Jackson Masonry, LLC, the Supreme Court …
Congress is ignoring the best solution for troubled companies: bankruptcy
By Jared A. Ellias (University of California Hastings College of the Law), George Triantis (Stanford Law School) During the …
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