By Carl Wedoff (Jenner & Block), David P. Saunders (Jenner & Block) For as long as there have been consumer …
Insolvency of Significant Non-Financial Enterprises: What Can We Learn from Bank Failures and Bank Resolution?
By Ilya Kokorin, Leiden Law School (The Netherlands) The current economic downturn triggered by the spread of COVID-19 …
Oversecured Creditor’s Right to Contractual Default-Rate Interest Allowed Under State Law
By Stacey L. Corr-Irvine and Mark G. Douglas (Jones Day) It is generally well understood that an “oversecured” creditor is …
Second Circuit Affirms Enforceability of Swaps’ Flip Provisions
By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …
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Insolvency Law in Emerging Markets
By Aurelio Gurrea-Martínez (Singapore Management University) Corporate insolvency law can serve as a powerful mechanism to …
Secured Creditor’s “Net Economic Damages” Estimate of Disputed Claims “Plainly Insufficient” to Establish Collateral Value
By Paul M. Green and Mark G. Douglas (Jones Day) Valuation is a critical and indispensable part of the bankruptcy process. …
Update on Corporate Bankruptcy Tax Refund Litigation
By Michael L. Cook (Schulte Roth & Zabel) Federal courts regularly resolve consolidated corporate tax refund disputes in …
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Challenges of Emerging Market Restructurings in the Age of COVID-19
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) As part of the overall global economic slowdown …
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Bankruptcy Process for Sale
By Kenneth Ayotte (University of California Berkeley School of Law) and Jared A. Ellias (University of California Hastings College …
Claims, Classes, Voting, Confirmation and the Cross-Class Cram-Down
By Tomas Richter (Clifford Chance) and Adrian Thery (Garrigues) Under EU Directive 2019/1023 promulgated in June 2019, the 27 …
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Rethinking Priority: The Dawn of the Relative Priority Rule and a New ‘Best Interest of Creditors’ Test in the European Union
By Axel Krohn (Martin-Luther-University Halle-Wittenberg, Germany) The European Directive on restructuring and insolvency …
The Law and Economics of Investing in Bankruptcy in the United States
By Jared A. Ellias (University of California Hastings College of the Law) When commentators describe American bankruptcy law as …
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How Cities Fail: Service Delivery Insolvency and Municipal Bankruptcy
By Clayton Gillette (New York University School of Law) Courts in municipal bankruptcy cases have confronted the inherent …
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Net-short Creditor Activism is an Urban Legend
By Vincent S.J. Buccola (University of Pennsylvania - The Wharton School), Jameson K. Mah (Cyrus Capital Partners), Tai Yi Zhang …
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Where Past is Prologue: Applying Lessons from the Past to Protect ABL Lenders in a World of Future Distress
By Shana A. Elberg, Seth E. Jacobson, & George R. Howard (Skadden) Today, U.S. borrowers are more indebted than ever …
Secured Credit Spreads
By Efraim Benmelech (Northwestern University - Kellogg School of Managemen, Nitish Kumar (University of Florida), and Raghuram …
Want to Take Control of Professional Fees in Large Chapter 11 Bankruptcy Cases? Talking with Your Client’s General Counsel is a Good First Step
By Professor Nancy Rapoport (William S. Boyd School of Law, University of Nevada, Las Vegas) As someone who studies …
Ultra III: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On November 26, 2019, the Fifth Circuit granted a petition for rehearing en banc and issued a …
INSOL Europe/LexisNexis coronavirus (COVID-19) Tracker of Insolvency Reforms—China
By Xiahong Chen (China University of Political Science and Law) The modification of Enterprise Bankruptcy Law of the People’s …
Bankruptcy Claim Dischargeability and Public Externalities: Evidence from a Natural Experiment
By Michael Ohlrogge (New York University School of Law) In 2009, the Seventh Circuit ruled in U.S. v. Apex Oil that certain …