Blog – Page 20

Equitable Mootness Doctrine Persists in Bankruptcy Appeals

By Shana A. Elberg, Amy Van Gelder, and Jason M. Liberi (Skadden, Arps, Slate, Meagher & Flom LLP) In recent years, some …

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Recent Developments in Bankruptcy Law October 2017

By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …

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FTI Argument Analysis: Justices Dubious About Limiting Bankruptcy Court’s Right to Recover Fraudulently Transferred Assets

By Ronald Mann. Published by SCOTUSblog and re-posted with permission. Perhaps a week with only two cases on the argument …

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A Few Predictions for Justice Gorsuch’s Bankruptcy Jurisprudence

By Megan McDermott (University of Wisconsin Law School) The confirmation of a new Supreme Court justice offers opportunities to …

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Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments Filed in Merit Mgmt. v. FTI Consulting

By Ralph Brubaker (University of Illinois College of Law), Bruce A. Markell (Northwestern University Pritzker School of Law), …

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Momentive: Law Firm Perspectives

On October 28, 2017, the United States Court of Appeals for the Second Circuit handed down its decision in In re MPM Silicones, …

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Don’t Bank on Bankruptcy for Banks

By Mark Roe (Harvard Law School) In the next month, the US Treasury Department is expected to decide whether to seek to replace …

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Finding Acceptance: Using Strategic Impairment to Satisfy 1129(a)(10)

by David L. Curry, Jr. and Ryan A. O’Connor (Okin Adams LLP; Houston, Texas) Section 1129(a)(10) of the Bankruptcy Code – …

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Could Problems at MF Global Have Been Anticipated?

By Hilary Till (J.P. Morgan Center for Commodities, University of Colorado Denver Business School) In the fall of 2011, futures …

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Venezuela’s Restructuring: A Realistic Framework

By Mark A. Walker (Millstein & Co.) and Richard J. Cooper (Cleary Gottlieb Steen & Hamilton, LLP). Venezuela is …

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Non-Article III Adjudication: Bankruptcy and Nonbankruptcy, With and Without Litigant Consent

By Ralph Brubaker (University of Illinois College of Law) This article explores the diverse and intriguing implications of the …

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Chapter 11 Bankruptcy and Loan Covenant Strictness

By Garence Staraci (Yale University, School of Management) and Meradj Pouraghdam (Institut d'Etudes Politiques de Paris (Sciences …

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Through Jevic’s Mirror: Orders, Fees, and Settlements

By Nicholas L. Georgakopoulos (McKinney School of Law, Indiana University) This article takes the United States Supreme Court’s …

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Post-Jevic, Expansive Interpretation by Bankruptcy Courts Possible

By Andrew C. Kassner and Joseph N. Argentina, Jr. (Drinker Biddle & Reath LLP) In Czyzewski v. Jevic Holding Corp., 137 S. …

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Understanding the Scope of the § 546(e) Securities Safe Harbor Through the Concept of the “Transfer” Sought to Be Avoided

By Ralph Brubaker (University of Illinois College of Law) Bankruptcy Code § 546(e) contains a safe harbor that prevents avoidance …

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