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 …
Supreme Court to Hear Arguments in Jevic on November 28
The Supreme Court is scheduled to hear oral arguments in Czyzewski v. Jevic Holding Corp. on November 28. In this week's posts, …
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How Absolute is the Absolute Priority Rule in Bankruptcy? The Case for Structured Dismissals
By Bruce Grohsgal (Widener University School of Law) A structured dismissal in a chapter 11 bankruptcy case is a court-approved …
Brief for Amici Curiae Law Professors in Support of Petitioners, In re Jevic
By Jonathan C. Lipson (Temple University Beasley School of Law) and Melissa B. Jacoby (University of North Carolina - Chapel Hill …
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When Do Laws and Institutions Affect Recovery Rates on Collateral?
By Hans Degryse, Vasso Ioannidou, Jose Maria Liberti, and Jason Sturgess The effect of bankruptcy laws and institutions governing …
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Bankruptcy Sales
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 …