Editor – Page 21

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 …

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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 …

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Repo Regret?

By Rohan Ganduri (Goizueta Business School, Emory University) In April 2005 Congress expanded the range of bankruptcy …

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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 …

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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 …

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