By Francesco Ruggiero (University of Naples Federico II) This paper contributes to the literature by enhancing the understanding …
Optimal Deterrence and the Preference Gap
By Brook Gotberg (University of Missouri School of Law) It is generally understood that the way to discourage particular behavior …
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The Changing Landscape of Consensual Third-Party Releases in Chapter 11 Plans: Does Silence = Consent?
By Kathrine A. McLendon and Lily Picón (Simpson Thacher & Bartlett LLP) There has been increasing focus on what evidences …
A Functional Analysis of SIFI Insolvency
By Stephen J. Lubben (Seton Hall University School of Law) Since the disgrace of Lehman, the question of how to handle failing …
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Recent Developments in Bankruptcy Law, April 2018
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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Do Managers Strategically Change Their Disclosure Before a Debt Covenant Violation?
By Thomas Bourveau (Hong Kong University of Science and Technology), Derrald Stice (Hong Kong University of Science and …
Bankruptcy Forum Shopping in Europe
By Wolf-Georg Ringe (University of Hamburg - Institute of Law & Economics; University of Oxford - Faculty of Law). Over the …
Inequality and Equity in Bankruptcy Reorganization
Richard M. Hynes and Steven D. Walt (University of Virginia School of Law). Courts have developed a series of controversial …
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Courts As Institutional Reformers: Bankruptcy and Public Law Litigation
Kathleen G. Noonan (University of Pennsylvania), Jonathan C. Lipson (Temple University—Beasley School of Law), and William H. …
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The Impact of Brexit on Debt Restructuring and Insolvency Practice
By Manuel Penades and Michael Schillig (King's College London – The Dickson Poon School of Law). With its flexible restructuring …
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The Pari Passu Fallacy – Requiescat in Pace
Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) The pari passu fallacy, first uncloaked in 2000, posits that when a …
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The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Practice Makes Perfect: Judge Experience and Bankruptcy Outcomes
By Benjamin Charles Iverson (Brigham Young University), Joshua Madsen (University of Minnesota, Twin Cities, Carlson School of …
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Insider Status and U.S. Bank v. Village at Lakeridge
By Ronit J. Berkovich and David Li (Weil, Gotshal & Manges LLP). The U.S. Supreme Court, in U.S. Bank Nat’l Ass’n v. Village …
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Ninth Circuit Holds That Impaired Accepting Class Requirement Applies to Plan Confirmation on a “Per-Plan” Rather Than a “Per Debtor” Basis
By James L. Bromley, Lisa M. Schweitzer, Sean A. O'Neal, Luka A. Barefoot, and Daniel K. Soltman (Cleary Gottlieb). On January …
Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
By Jane Rue Wittstein and Mark G. Douglas (Jones Day) Courts disagree as to whether the amount that a bankruptcy trustee or …
Applying Jevic: 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. 973 …
Justice Scalia’s Bankruptcy Jurisprudence: The Right Judicial Philosophy for the Modern Bankruptcy Code?
By Megan McDermott (Lecturer, University of Wisconsin School of Law). The late Justice Scalia is best known among mainstream …
Third Circuit Dismisses Crystallex’s Fraudulent Transfer Claim But Potential Liability Remains for PDVSA
By Richard J. Cooper and Boaz S. Morag (Cleary Gottlieb Steen & Hamilton, LLP). On January 3, 2018, the United States Court …
The First Circuit Joins Several Other Circuit Courts in Finding That Creditors’ Committees Have an Unconditional Right to Intervene in Adversary Proceedings
By Todd E. Phillips, Kevin C. Mackley and Sally J. Sullivan (Caplin & Drysdale). In September, the First Circuit Court of …