By Dan B. Prieto (Jones Day) and Mark G. Douglas (Jones Day) In In re Fencepost Productions Inc., 629 B.R. 289 (Bankr. D. …
The Time Has Come for Disaggregated Sovereign Bankruptcy
By Odette Lienau (Professor, Cornell Law School) The ongoing economic crisis caused by the COVID-19 pandemic has generated …
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Restructuring Sovereign Debt and Rebuilding a National Economy for a Failing State: The Case of Venezuela
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) Venezuela is facing a veritable perform storm: a …
Restructurings in Emerging Economies One Year into the COVID-19 Pandemic
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) A new article entitled “The COVID-19 Pandemic …
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Structuring and Practice for Aircraft Leases to Prevent Lease Payments from Being Clawed Back in a Lessee Bankruptcy
By Stewart B. Herman (Katten) and Timothy J. Lynes (Katten) In King v. Bombardier Aerospace Corporation et al., the trustee …
Reviewing Redwater: An Analysis of the U.S. and Canadian Approaches to Environmental Obligations in Bankruptcy
By Laura N. Coordes (Associate Professor of Law, Arizona State University - Sandra Day O'Connor College of Law) The United …
Reorganization of Corporate Groups in Brazil: Substantive Consolidation and the Limited Liability Tale
By Sheila C. Neder Cerezetti (Professor of Law, University of São Paulo Law School) As argued by prominent Brazilian scholars, …
What’s Done is Done: Third Circuit Upholds Equitable Mootness and Rules Out Possibility of Individualized Relief for Timely Objecting Party
By Robert Lemons (Weil) and Patrick Feeney (Weil) Over the past several years, certain circuits criticized the Equitable …
Another Court Adopts Majority View in Approving Bankruptcy Trustee’s Use of Tax Code: Look-Back Period in Avoidance Actions
By Daniel J. Merrett (Jones Day) and Mark G. Douglas (Jones Day) The ability of a bankruptcy trustee or chapter 11 …
The Aftermath of a Complicated Breakup: Third Circuit Holds Stalking Horse Bidder in Terminated Transaction May Assert Potential Administrative Expense Claim Notwithstanding Disallowance of Its Termination Fee
By Ronit J. Berkovich (Weil) In a recent decision, In re Energy Future Holdings Corp., 2021 U.S. App. LEXIS 7400 (3d Cir. 2021) …
The Municipal Bond Cases Revisited
By Allison Buccola (Independent) and Vince Buccola (Assistant Professor, The Wharton School) Puerto Rico’s Title III …
Value Tracing and Priority in Cross-Border Group Bankruptcies: Solving the Nortel Problem from the Bottom Up
By Edward J. Janger (Professor, Brooklyn Law School) and Stephan Madaus (Professor, Martin-Luther-University …
Government Activism in Bankruptcy
By Jared A. Ellias (Bion M. Gregory Chair in Business Law and Professor of Law, UC Hastings College of Law) and George Triantis …
Reorganization without Bankruptcy: Untying the Gordian Knot That Destroys Firm Value
By Noam Sher (Assistant Professor of Law, Ono Academic College, Israel) In a recent article, I present a new theory for …
Hidden Wealth Transfers in Bankruptcy Asset Sales: A Real Option Analysis
By Jordan Neyland (Assistant Professor of Law, Antonin Scalia Law School at George Mason University) and Kathryn St. John (Legal …
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Bankruptcy Shopping: Domestic Venue Races and Global Forum Wars
By Anthony J. Casey (Professor, The University of Chicago Law School) and Joshua Macey (Assistant Professor, The University of …
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The Proceduralist Inversion – A Response to Skeel
By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
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My Creditor’s Keeper: Escalation of Commitment and Custodial Fiduciary Duties in the Vicinity of Insolvency
By Amir Licht (Professor, Interdisciplinary Center Herzliya, Israel) In several common law jurisdictions, creditors of …
Bankruptcy, Bailout, or Bust: Early Corporate Responses to the Business and Financial Challenges of COVID-19
By Diane Lourdes Dick (Professor of Law, Seattle University School of Law) Over the last year, publicly traded companies have …
Bankruptcy & Bailouts; Subsidies & Stimulus: The Government Toolset for Responding to Market Distress
By Anthony J. Casey (The University of Chicago Law School) In the spring of 2020, as the Covid-19 pandemic shut down economies …