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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Do the Right Firms Survive Bankruptcy?
By Samuel Antill (Stanford Graduate School of Business) In Chapter 11 bankruptcies, a court-supervised negotiation among …
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The Employee Rights in Employer Bankruptcy Act
By Robert Hockett (Cornell Law School) The Blackjewel Coal bankruptcy of summer 2019 exposed critical weaknesses in our …
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Recent Developments in Cross-Border Insolvency and Recognition of Foreign Bankruptcy Proceedings in the US Bankruptcy Courts
By Mark G. Douglas and Dan T. Moss (Jones Day) On July 25, 2019, the Judicial Insolvency Network announced its adoption of …
Notes from the Puerto Rico Oversight (Not Control) Board
By David Skeel (University of Pennsylvania Law School) On June 30, 2016, Congress passed the Puerto Rico Oversight, Management …
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Presumption of Filed Claim’s Validity and Amount Does Not Apply in Proceeding to Determine Secured Amount of Claim
By Paul M. Green, Mark G. Douglas (Jones Day) The Bankruptcy Code creates a rebuttable presumption that a proof of claim is …
A Functional Law and Economics Analysis of the Restructuring Directive from a French Law Perspective
Vasile Rotaru (Droit & Croissance / The Rules for Growth Institute) From a functional law and economics perspective, the …
Teams and Bankruptcy
Ramin Baghai (Stockholm School of Economics), Rui Silva (London Business School), Luofu Ye (London Business School) Corporate …
Same Class, Different Recoveries — No Bar to Plan Confirmation
By Francis J. Lawall and John Henry Schanne II (Pepper Hamilton LLP) In Ad Hoc Committee of Non-Consenting Creditors v. Peabody …
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Corporate Governance, Bankruptcy Waivers and Consolidation in Bankruptcy
By Daniel J. Bussel (UCLA School of Law) Bankruptcy law—once the vanguard of enterprise liability —has increasingly tended to …
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Bankruptcy’s Cathedral: Property Rules, Liability Rules, and Distress
By Vincent S.J. Buccola (University of Pennsylvania - The Wharton School) What good can a corporate bankruptcy regime do in the …
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Bankruptcy Sales: Is A Public Auction Required to Assure That Property Is Sold for The Highest and Best Price?
By Vicki R. Harding (Vicki R. Harding, PLLC) A buyer negotiating acquisition of commercial real estate from a Chapter 7 trustee …
Rent Extraction by Super-Priority Lenders
By B. Espen Eckbo (Tuck School of Business at Dartmouth), Kai Li (Sauder School of Business at University of British Columbia) and …
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