By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) The article provides an overview of certain key …
Badges of Opportunism: Principles for Policing Restructuring Support Agreements
By Edward J. Janger (Brooklyn Law School) and Adam J. Levitin (Georgetown University Law Center) Business reorganizations are …
Covenant of Good Faith and Fair Dealing Examined: La Paloma
By Ronit J. Berkovich and Fraser Andrews (Weil) On January 13, 2020, the United States Bankruptcy Court for the District of …
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A Bankruptcy History of Manias and Panics (in 80 pages)
By Mark Perelman (Yale School of Management) Fraud and irrationality are often blamed for financial manias and panics. Investor …
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What Small Businesses Need Most Is A Little More Time
By Brook Gotberg (University of Missouri Law School; Chair, Small Business Committee of the Bankruptcy & COVID-19 Working …
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Tribune II: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On December 19, 2019, the Second Circuit issued its amended opinion in In re Tribune Company …
Estimating the Need for Additional Bankruptcy Judges in Light of the COVID-19 Pandemic
By Benjamin Iverson (BYU Marriott School of Business), Jared A. Ellias (University of California, Hastings College of the Law), …
Bond Trustees, and the Rising Challenge of Activist Investors
By Steven L. Schwarcz (Duke University School of Law) Large financial institutions, such as U.S. Bank or Bank of NY Mellon, …
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More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC
By Charles Tabb and Carly Everhardt (Foley & Lardner) In Ritzen Group Inc. v. Jackson Masonry, LLC, the Supreme Court …
Congress is ignoring the best solution for troubled companies: bankruptcy
By Jared A. Ellias (University of California Hastings College of the Law), George Triantis (Stanford Law School) During the …
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A Guide to the Small Business Reorganization Act of 2019
By Hon. Paul W. Bonapfel (U.S. Bankruptcy Judge, N.D. Ga.) A Guide to the Small Business Reorganization Act of 2019 is a …
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Bankruptcy Venue Reform
By Nicholas Cordova (Harvard Law School) Although the Boy Scouts of America (BSA) is headquartered in Texas, it filed for …
COVID-19: Rethinking Chapter 11 Bankruptcy Valuation Issues in the Crisis
By Andrew N. Goldman, George W. Shuster Jr., Benjamin W. Loveland, Lauren R. Lifland (Wilmerhale …
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COVID-19 and the Bankruptcy Court Workload
By Taylor Custer (Harvard Law School) The United States’ response to COVID-19 has led to record levels of unemployment and a …
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Bankruptcy and COVID-19 Working Group
An interdisciplinary group of bankruptcy scholars from the “Large Corporations Committee of the Bankruptcy & COVID-19 Working …
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Amending insolvency legislation in response to the COVID-19 crisis
By Gert-Jan Boon, Leiden University (The Netherlands) The COVID-19 (corona) virus has reached pandemic status. It currently …
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Planning for an American Bankruptcy Epidemic
By Ben Iverson (Brigham Young University), Mark Roe (Harvard Law School) The COVID-19 pandemic looks likely to cause a surge …
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Bankruptcy and Aircraft Finance
By Franklin H. Top III, Stephen R. Tetro, Richard F. Klein, James M. Heiser (Chapman and Cutler LLP) Hundreds of billions …
Bankruptcy Tourism and the European Union’s Corporate Restructuring Quandary: The Cathedral in Another Light
By Samir D. Parikh (Lewis & Clark Law School) For the last decade, the European Union has been reconceptualizing its …
Don’t Just Do Something—Stand There! A Modest Proposal for a Model Standstill/Tolling Agreement
By Jonathan C. Lipson (Temple University Beasley School of Law), Norman M. Powell (Young Conaway Stargatt & Taylor, …