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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Roundup: Recent Op-Eds on Bankruptcy for Banks
The House of Representatives’ passage first of the Financial Institution Bankruptcy Act (FIBA) and then of the Financial CHOICE …
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Do the Financial Institution Bankruptcy Act and the CHOICE Act Undermine an Effective Restructuring of a Failing Financial Institution?
By Bruce Grohsgal (Delaware Law School, Widener University) The House recently passed the Financial Institution Bankruptcy Act of …
Creditor Rights and Corporate Debt Structure Around the World
By Kose John (New York University & Temple University), Mahsa S. Kaviani (Temple University), Lawrence Kryzanowski (Concordia …
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Financial Scholars Submit Letter to Congress Opposing Repeal of Title II
On May 23, bankruptcy and financial scholars submitted a letter to members of Congress opposing the Financial CHOICE Act’s …
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Recent Developments in Bankruptcy Law, April 2017
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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The New Bond Workouts
By William W. Bratton (University of Pennsylvania Law School) Bond workouts are a dysfunctional method of debt restructuring, …
Out-of-Court Restructurings After Marblegate: Trust Indenture Act Section 316(b) and Beyond
Lawyers from Davis Polk, Drinker Biddle, and Wilmer Hale recently held a panel discussion entitled “Out-of-Court Restructurings …
Puerto Rico Files for Bankruptcy Under PROMESA Title III
By Richard J. Cooper, Luke A. Barefoot, Jessica E. McBride, Daniel J. Soltman, and Antonio Pietrantoni (Cleary Gottlieb Steen …
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Puerto Rico and the Netherworld of Sovereign Debt Restructuring
By G. Mitu Gulati (Duke Law School) and Robert K. Rasmussen (University of Southern California Gould School of Law) Puerto Rico …
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Sovereign Bankruptcy Hydraulics
By Stephen Lubben (Seton Hall University School of Law) The frequent suggestion that the world needs a sovereign bankruptcy …