By Melissa B. Jacoby (University of North Carolina - Chapel Hill) and Edward J. Janger (Brooklyn Law School) Bankruptcy courts …
The Future of Solvency and Adequate Capitalization Analysis
By Michael Simkovic, Seton Hall University School of Law Valuation, solvency, and adequate capitalization analyses play a crucial …
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Did Bankruptcy Reform Contribute to the Rise in Structured Finance?
By Kandarp Srinivasan Financial contracts such as repurchase agreements (“repos”) have effective “super-priority” in a bankruptcy …
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Establishing “Credible Losers” at Systemically Important Bank Holding Companies
By John Crawford, UC Hastings College of Law Systemically important bank holding companies (“SIBs”) have always had an abundance …
Priority Matters
By Douglas G. Baird, University of Chicago Law School Chapter 11 of the Bankruptcy Code is organized around the absolute priority …
Bankruptcy Code Amendments Pass the House in Appropriations Bill
On July 7, the House of Representatives passed an appropriations bill (H.R. 5485) that includes a revised version of H.R. 2947, …
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Bankruptcy’s Quiet Revolution
Douglas G. Baird, University of Chicago School of Law Over the last few years, reorganization practice has undergone a …
Earnings Management and Firm Value in Chapter 11
Timothy C.G. Fisher, University of Sydney Ilanit Gavious, Ben-Gurion University of the Negev Jocelyn Martel, ESSEC Business …
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Bankruptcy Resolution and the Restoration of Priority of Claims
Vedran Capkun, Associate Professor, Accounting and Management Control, HEC Paris Lawrence Weiss, Professor of International …
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Developing a New Resolution Regime for Failed Systemically Important Financial Institutions
Stephanie Massman, J.D. 2015, Harvard Law School In the wake of the 2007-2008 financial crisis, criticism surrounded not …
The Effect of Executive Compensation on Recoveries
By Andrea Pawliczek, Leeds School of Business, University of Colorado - Boulder The structure of executive compensation …
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Failure of the Clearinghouse: Dodd-Frank’s Fatal Flaw?
Stephen J. Lubben Harvey Washington Wiley Chair in Corporate Governance & Business Ethics, Seton Hall University School of …
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The Crude Downturn for Oil Companies
By John England, Andrew Slaughter, and Anshu Mittal of Deloitte LLP The ups and downs in the crude oil and natural gas (O&G) …
Third Circuit holds Sec. 1113 of the Bankruptcy Code applicable to already-expired CBAs
By Mark A. Salzberg and Jill S. Kirila of Squire Patton Boggs The Bankruptcy Code prohibits a debtor from unilaterally rejecting …
External and Internal Asset Partitioning: Corporations and Their Subsidiaries
By Henry Hansmann, Yale Law School, and Richard Squire, Fordham University School of Law In our book chapter “External and …
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S.D.N.Y. Holds that Avoidance Powers Can be Applied Extraterritorially
By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP On January 4, …
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Second Circuit Says Section 546 of Bankruptcy Code Preempts State Law Constructive Fraud Claims
By Donald Bernstein, Elliot Moskowitz, Damian Schaible, Eli Vonnegut, Alicia Llosa Chang, and Tina Hwa Joe of Davis Polk & …
Tighter Standards Emerge For Pleading Intentional Fraudulent Transfer Claims
By Mark Chehi, Robert Weber and Stephen Della Penna of Skadden, Arps, Slate, Meagher & Flom LLP The U.S. Bankruptcy Court for …
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The Abolition of Dysfunctional Contracts in Bankruptcy Reorganizations
By Jay Lawrence Westbrook and Kelsi Marie Stayart, University of Texas at Austin School of Law A traditional case law test has …
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Lehman’s Derivative Portfolio
By Stephen Lubben, Seton Hall University School of Law Derivatives themselves were likely at most a secondary cause of the …