By Ronald Mann. Published by SCOTUSblog and re-posted with permission. Perhaps a week with only two cases on the argument …
A Few Predictions for Justice Gorsuch’s Bankruptcy Jurisprudence
By Megan McDermott (University of Wisconsin Law School) The confirmation of a new Supreme Court justice offers opportunities to …
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Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments Filed in Merit Mgmt. v. FTI Consulting
By Ralph Brubaker (University of Illinois College of Law), Bruce A. Markell (Northwestern University Pritzker School of Law), …
Momentive: Law Firm Perspectives
On October 28, 2017, the United States Court of Appeals for the Second Circuit handed down its decision in In re MPM Silicones, …
Don’t Bank on Bankruptcy for Banks
By Mark Roe (Harvard Law School) In the next month, the US Treasury Department is expected to decide whether to seek to replace …
Finding Acceptance: Using Strategic Impairment to Satisfy 1129(a)(10)
by David L. Curry, Jr. and Ryan A. O’Connor (Okin Adams LLP; Houston, Texas) Section 1129(a)(10) of the Bankruptcy Code – …
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Could Problems at MF Global Have Been Anticipated?
By Hilary Till (J.P. Morgan Center for Commodities, University of Colorado Denver Business School) In the fall of 2011, futures …
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Venezuela’s Restructuring: A Realistic Framework
By Mark A. Walker (Millstein & Co.) and Richard J. Cooper (Cleary Gottlieb Steen & Hamilton, LLP). Venezuela is …
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Non-Article III Adjudication: Bankruptcy and Nonbankruptcy, With and Without Litigant Consent
By Ralph Brubaker (University of Illinois College of Law) This article explores the diverse and intriguing implications of the …
Chapter 11 Bankruptcy and Loan Covenant Strictness
By Garence Staraci (Yale University, School of Management) and Meradj Pouraghdam (Institut d'Etudes Politiques de Paris (Sciences …
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Through Jevic’s Mirror: Orders, Fees, and Settlements
By Nicholas L. Georgakopoulos (McKinney School of Law, Indiana University) This article takes the United States Supreme Court’s …
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Post-Jevic, Expansive Interpretation by Bankruptcy Courts Possible
By Andrew C. Kassner and Joseph N. Argentina, Jr. (Drinker Biddle & Reath LLP) In Czyzewski v. Jevic Holding Corp., 137 S. …
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Understanding the Scope of the § 546(e) Securities Safe Harbor Through the Concept of the “Transfer” Sought to Be Avoided
By Ralph Brubaker (University of Illinois College of Law) Bankruptcy Code § 546(e) contains a safe harbor that prevents avoidance …
Repo Regret?
By Rohan Ganduri (Goizueta Business School, Emory University) In April 2005 Congress expanded the range of bankruptcy …
Debt Structure as a Strategic Bargaining Tool
By Yue Qiu, University of Minnesota (will join Temple University as Assistant Professor of Finance on August 1st, 2017) In this …
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Sovereign Debt Restructuring and English Governing Law
By Steven L. Schwarcz (Duke University School of Law) This Roundtable post is based on the author’s forthcoming article, Sovereign …
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Recent Trends In Enforcement of Intercreditor Agreements and Agreements Among Lenders in Bankruptcy
By Seth Jacobson, Ron Meisler, Carl Tullson and Alison Wirtz (Skadden, Arps, Slate, Meagher & Flom LLP)* Over the last …
Solving the Pari Passu Puzzle: The Market Still Knows Best
By Sergio J. Galvis (Sullivan & Cromwell LLP) As a result of the Argentine sovereign debt crisis and ensuing holdout …
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Pari Passu Undone: Game-Changing Decisions for Sovereigns in Distress
By James Michael Blakemore (Cleary Gottlieb Steen & Hamilton LLP) In “Pari Passu Undone: Game-Changing Decisions for …
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Reconciling “Additional Assistance” with “Appropriate Relief” in Ch. 15
By David L. Eaton (Kirkland & Ellis LLP) and Aaron J. David (Paul, Weiss, Rifkind, Wharton & Garrison LLP)* When faced …
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