By Laura N. Coordes (Arizona State University Law School) In order to gain access to chapter 9 bankruptcy, municipalities must …
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Contracting for a European Insolvency Regime
By Horst Eidenmueller (Oxford University) The European Commission has proposed a directive on “preventive restructuring …
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The Resolution of Distressed Financial Conglomerates
By Howell E. Jackson (Harvard Law School) & Stephanie Massman (Harvard Law School, J.D. 2015) One of the most elegant legal …
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The Value of Insolvency Safe Harbors
By Philipp Paech (London School of Economics) “Safe harbor” privileges in insolvency are typically afforded to financial …
Bankruptcy and the U.S. Supreme Court
By Ronald J. Mann (Columbia Law School) The continuing struggle of the United States to emerge from the Great Recession gives …
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Fair Equivalents and Market Prices: Bankruptcy Cramdown Interest Rates
By Bruce A. Markell (Northwestern University Law School) Cramdown is the confirmation of a plan of reorganization over the dissent …
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Bankruptcy’s Endowment Effect
By Anthony J. Casey (University of Chicago Law School) The notion of endowments and entitlements has a powerful effect on …
Second Circuit Rules on § 316(b) in Marblegate
Last week, the Second Circuit decided Marblegate Asset Management, LLC v. Education Management Corp., holding that § 316(b) of the …
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The Future of UK Debt Restructuring
By Jennifer Payne (University of Oxford - Faculty of Law) In the UK, a number of different mechanisms exist which can be used to …
The Sun Is Setting: Is It Time to Legislate Pre-Packs?
By John Wood (Lancashire Law School, University of Central Lancashire) In the UK, pre-packaged administrations (“pre-packs”), …
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Beyond Options
By Anthony J. Casey (University of Chicago Law School) and Edward R. Morrison (Columbia Law School) Scholars and policymakers now …
Senator Reed Introduces Study Bill to Assess Systemic Risk Impact of “Bankruptcy-for-Banks” Reforms
On December 6, Senator Jack Reed introduced a bill aimed at establishing a more informed basis for regulatory and policymaking …
Too Big and Unable to Fail
By Stephen J. Lubben (Seton Hall University School of Law) and Arthur E. Wilmarth, Jr. (George Washington University Law …
Falling Cities and the Red Queen Phenomenon
By Samir D. Parikh (Lewis and Clark Law School) and Zhaochen He (Lewis and Clark College) Cities and counties are failing. …
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Municipal Borrowing Costs and State Policies for Distressed Municipalities
By Pengjie Gao (University of Notre Dame), Chang Lee (University of Illinois at Chicago), and Dermot Murphy (University of …
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The Dubai World Tribunal and the Global Insolvency Crisis
By Jayanth Krishnan (Indiana—Bloomington) In 2009, as markets from the United States to Europe to the Global South shook, one …
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Do Economic Conditions Drive DIP Lending?: Evidence from the Financial Crisis
By Colleen Honigsberg (Stanford Law School) and Frederick Tung (Boston University School of Law) For many firms, obtaining …
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Implementing Symmetric Treatment of Financial Contracts in Bankruptcy and Bank Resolution
By Edward J. Janger (Brooklyn Law School) and John A.E. Pottow (University of Michigan Law School) Financial contracts, such as …
Restructuring Sovereign Debt after NML v. Argentina
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton) and Mitu Gulati (Duke University School of Law) The decade and a …
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Bankruptcy on the Side
By Kenneth Ayotte (University of California - Berkeley School of Law), Anthony J. Casey (University of Chicago Law School), David …