By Allyn Needham, Shipp, Needham & Durham, LLC When disagreements arise in Chapter 11 bankruptcies, debtor and/or creditors’ …
Bankruptcy Code With No Repo Safe Harbor — An Evaluation
By Jeffrey Murphy and Lee Smith of Dentons The ABI Reform Commission recommended that the safe harbors under Section 555 and 559 …
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A New Fulcrum Point for City Survival
By Samir D. Parikh, Lewis & Clark Law School Municipalities face daunting fiscal challenges that threaten debt repayment and …
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A Constitutional Review of the Draft ‘Macron’ Law Introducing Shareholder Eviction under French Law: The Revolution that Didn’t Happen
By Sophie Vermeille, Jérémy Martinez & Frank-Adrien Papon In a politically controversial attempt to modernize the French …
Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Editor’s Note: Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors' Bargain, by Mark Roe and Fred Tung, was …
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A Third Way: Examiners As Inquisitors
By Daniel J. Bussel, UCLA School of Law There is a buzz concerning bankruptcy examiners. Recently in such cases as ResCap, Dynegy …
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Bankruptcy Examiners in Chapter 11
By Jonathan C. Lipson, Temple University—Beasley School of Law, and Christopher Fiore Marotta, KPMG Bankruptcy examiners have …
Supreme Court Permits Bankruptcy Courts to Issue Final Judgments with Parties’ Consent
By Harold S. Novikoff, Douglas K. Mayer, Ian Boczko, Emil A. Kleinhaus, and Alexander B. Lees of Wachtell, Lipton, Rosen & …
Restructuring Failed Financial Firms in Bankruptcy: Selling Lehman’s Derivatives Portfolio
By Mark J. Roe, Harvard Law School, and Stephen D. Adams, Ropes & Gray LLP Lehman Brothers’ failure and bankruptcy led to …
Chapter 15 Recognition in the United States: Is a Debtor “Presence” Required?
By Daniel M. Glosband, Goodwin Procter LLP, and Jay Lawrence Westbrook, The University of Texas School of Law In a recent case, …
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Tender Offer Approved to Implement Classwide Debt Exchange Outside Plan of Reorganization
By Charles M. Oellermann and Mark G. Douglas, Jones Day Debt-for-equity swaps and debt exchanges are common features of …
The Problem With Preferences
By Daniel J. Bussel, UCLA School of Law Brook Gotberg in Conflicting Preferences does a great service in lucidly identifying the …
Conflicting Preferences: Avoiding Proceedings in Bankruptcy Liquidation and Reorganization
By Brook Gotberg, J. Reuben Clark Law School, Brigham Young University The law of preferential transfers permits the trustee of a …
Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom
By Adrian Walters, IIT Chicago-Kent School of Law The prevailing wisdom is that Chapter 11 bankruptcy proceedings have been …
Indenture Trustees in Out-of-Court Restructuring Transactions: Proceed with Caution
By Howard Seife and Marian Baldwin Fuerst of Chadbourne & Parke LLP The recent decision of the United States District …
Corporate Bankruptcy Tourists
By Oscar Couwenberg & Stephen J. Lubben Insolvency procedures are not designed for corporate group, but for individual debtor …
The New Corporate Web: Tailored Entity Partitions and Creditors’ Selective Enforcement
By Anthony J. Casey, University of Chicago Law School Firms often separate assets into distinct entities that have their own …
From Chrysler and General Motors to Detroit
By David A. Skeel, Jr., University of Pennsylvania Law School In the past five years, three of the most remarkable bankruptcy …
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Overview of ABI Commission Report and Recommendation on the Reform of Chapter 11 of the Bankruptcy Code
By Jay M. Goffman, George N. Panagakis, Ken Ziman, Van C. Durrer II, John K. Lyons, Mark A. McDermott, and David M. Turetsky of …
The Weakest Link in Intercreditor Agreements Breaks Again in Momentive
By Lawrence Safran, Mitchell A. Seider, Keith A. Simon, and Adam J. Goldberg of Latham & Watkins LLP Intercreditor agreements …
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