By Efraim Benmelech, Nittai Bergman, Anna Milanez, & Vladimir Mukharlyamov In “The Agglomeration of Bankruptcy,” Professor …
House Passes Financial Institution Bankruptcy Act
On December 1, 2014, the House of Representatives passed, with bipartisan support, H.R. 5421—the Financial Institution Bankruptcy …
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The Duty to Maximize Value of an Insolvent Enterprise
By Brad Eric Scheler, Steven Epstein, Robert C. Schwenkel, and Gail Weinsten of Fried, Frank, Harris, Shriver & Jacobson …
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Fair and Unfair Discrimination in Municipal Bankruptcy
By Richard M. Hynes and Steven D. Walt, University of Virginia School of Law Some bankrupt municipalities have proposed plans of …
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Court of Appeals Vacates DIP Financing Order for Lender’s Lack of Good Faith
By Michael L. Cook, Schulte Roth & Zabel LLP The Bankruptcy Code encourages lenders to make debtor-in-possession (“DIP”) …
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Chapter 22 Roundtable in the WSJ Bankruptcy Beat
Last week, the Wall Street Journal’s Bankruptcy Beat posted several pieces on the causes and consequences of so-called “Chapter …
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Derivatives and Collateral: Balancing Remedies and Systemic Risk
By Steven L. Schwarcz, Duke University School of Law Professor Schwarcz examines whether the bankruptcy “safe harbor” for …
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Update on Directors’ and Officers’ Insurance in Bankruptcy
By Douglas K. Mayer, Martin J.E. Arms, and Emil A. Kleinhaus of Wachtell, Lipton, Rosen & Katz D&O insurance policies …
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The Evolution of European Insolvency Law Part 3: The EU Parliament’s Report on the Amendment of the European Insolvency Regulation (EIR)
By Robert Arts and Dr. Björn Laukemann (Maîtr. en droit) After the external evaluation of European Insolvency Law (Part 1) and …
The Article III Problem in Bankruptcy
By Anthony J. Casey and Aziz Z. Huq, University of Chicago Law School The Supreme Court has struggled for the last three …
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Single Point of Entry and the Bankruptcy Alternative
Author: David A. Skeel, Jr., University of Pennsylvania Law School The Dodd-Frank Act requires systemically important financial …
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Post-Petition Interest: Not Very Predictable
By Vicki Harding, Pepper Hamilton, LLP In a recent case a mortgagee battled the debtor over post-petition interest: When did the …
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