By Samir D. Parikh (Lewis & Clark Law School) For the last decade, the European Union has been reconceptualizing its …
Don’t Just Do Something—Stand There! A Modest Proposal for a Model Standstill/Tolling Agreement
By Jonathan C. Lipson (Temple University Beasley School of Law), Norman M. Powell (Young Conaway Stargatt & Taylor, …
Pre-packaged Insolvency in India: Lessons from USA and UK
By Himani Singh (New York University School of Law) Corporate rescue is used as a pre-cursor to bankruptcy filing to provide …
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Bankruptcy’s Role in the COVID-19 Crisis
By Edward R. Morrison and Andrea C. Saavedra (Columbia Law School) Current COVID-19 policies treat bankruptcy law as a last …
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COVID-19 Impacts on Landlords of Retail Debtors
By Scott K. Charles, Amy R. Wolf, Michael H. Cassel (Wachtell) This memorandum addresses one of the impacts of COVID-19 on …
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The Late Prof. Harvey R. Miller, A Man for All Seasons: A Student’s Tribute
By Jay Rao (University of California, Berkeley, School of Law) Prof. Harvey R. Miller passed away after his battle with …
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This DIP Loan Brought to You by Someone Who CARES!
By Thomas J. Salerno, Gerald Weidner, Christopher Simpson, and Susan Ebner, (Stinson …
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Coronavirus Aid, Relief, and Economic Security Act Expands the Scope of the Small Business Reorganization Act
By Jessica Ljustina (Harvard Law School) Congress passed the Small Business Reorganization Act of 2019 (“SBRA”) to streamline …
The Italian Insolvency Law Reform
By Andrea Zorzi (University of Florence) On January 12, 2019, a new ‘Code of enterprise crisis and of insolvency’ was adopted …
Do Bankruptcy Courts Have Constitutional Authority to Approve Nonconsensual, Third-Party Releases?
By Shmuel Vasser and Cara Kaplan (Dechert) The Third Circuit, applying the Supreme Court’s decision in Stern v. Marshall, …
Updated Overview of the Jevic Files: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins) The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. …
Inequitable Subordination: Distressing Distressed Claims Purchasers by Propagating Subordination Benefit Elimination Theory
By Jay Rao (University of California, Berkeley, School of Law) This Article examines the application of equitable subordination …
China Continues to Issue New Rules Promoting Corporate Rescue Culture, Facilitation of Bankruptcy Proceedings
By Xiao Ma (Reorg | Harvard Law School) Coupled with continued efforts in financial deleveraging and industrial reorganization, …
Why Chinese Companies File Chapter 15 Cases in US Bankruptcy Courts
By Sara L. Chenetz and Tina N. Moss (Perkins Coie) Reward Science and Technology Industry Group Co., Ltd. (“Reward”) joins a …
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Will Bankruptcy Preference Lawsuits Decline due to Statutory Changes?
By Lisa P. Sumner (Nexsen Pruet) Two recent amendments to the U.S. Bankruptcy Code impose new hurdles for debtors and trustees to …
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Corporate Restructuring under Relative and Absolute Priority Default Rules: A Comparative Assessment
By Jonathan Seymour, Steven L. Schwarcz (Duke University School of Law) The European Union recently adopted a Restructuring …
Purdue Examiner Letter
By Jonathan C. Lipson (Temple University Beasley School of Law), Adam J. Levitin (Georgetown Law Center), Stephen J. Lubben (Seton …
Chapter 11 Plan Distributions Are Not Collateral Covered by Intercreditor Agreement’s Waterfall Provision
By Brad B. Erens and Mark G. Douglas (Jones Day) In In re Energy Future Holdings Corp., 773 Fed. Appx. 89, 2019 WL 2535700 …
Keeping Up with the Joneses: In Bold Cross-border Move, the DIFC Enacts New Insolvency Law
By Laura Smith (Norton Rose Fulbright) The Dubai International Financial Centre (the "DIFC"), one of the leading international …
Second Circuit Fumbles Tribune on Reconsideration
By Daniel J. Bussel (UCLA School of Law) The Second Circuit recently issued its revised opinion in Tribune Company Fraudulent …
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