By Wolf-Georg Ringe (University of Hamburg - Institute of Law & Economics; University of Oxford - Faculty of Law). Over the …
Inequality and Equity in Bankruptcy Reorganization
Richard M. Hynes and Steven D. Walt (University of Virginia School of Law). Courts have developed a series of controversial …
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Courts As Institutional Reformers: Bankruptcy and Public Law Litigation
Kathleen G. Noonan (University of Pennsylvania), Jonathan C. Lipson (Temple University—Beasley School of Law), and William H. …
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The Impact of Brexit on Debt Restructuring and Insolvency Practice
By Manuel Penades and Michael Schillig (King's College London – The Dickson Poon School of Law). With its flexible restructuring …
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The Pari Passu Fallacy – Requiescat in Pace
Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) The pari passu fallacy, first uncloaked in 2000, posits that when a …
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The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Practice Makes Perfect: Judge Experience and Bankruptcy Outcomes
By Benjamin Charles Iverson (Brigham Young University), Joshua Madsen (University of Minnesota, Twin Cities, Carlson School of …
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Insider Status and U.S. Bank v. Village at Lakeridge
By Ronit J. Berkovich and David Li (Weil, Gotshal & Manges LLP). The U.S. Supreme Court, in U.S. Bank Nat’l Ass’n v. Village …
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Ninth Circuit Holds That Impaired Accepting Class Requirement Applies to Plan Confirmation on a “Per-Plan” Rather Than a “Per Debtor” Basis
By James L. Bromley, Lisa M. Schweitzer, Sean A. O'Neal, Luka A. Barefoot, and Daniel K. Soltman (Cleary Gottlieb). On January …
Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
By Jane Rue Wittstein and Mark G. Douglas (Jones Day) Courts disagree as to whether the amount that a bankruptcy trustee or …
Applying Jevic: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins). The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. 973 …
Justice Scalia’s Bankruptcy Jurisprudence: The Right Judicial Philosophy for the Modern Bankruptcy Code?
By Megan McDermott (Lecturer, University of Wisconsin School of Law). The late Justice Scalia is best known among mainstream …
Third Circuit Dismisses Crystallex’s Fraudulent Transfer Claim But Potential Liability Remains for PDVSA
By Richard J. Cooper and Boaz S. Morag (Cleary Gottlieb Steen & Hamilton, LLP). On January 3, 2018, the United States Court …
The First Circuit Joins Several Other Circuit Courts in Finding That Creditors’ Committees Have an Unconditional Right to Intervene in Adversary Proceedings
By Todd E. Phillips, Kevin C. Mackley and Sally J. Sullivan (Caplin & Drysdale). In September, the First Circuit Court of …
Merit Management v. FTI: Law Firm Perspectives
On February 27, the Supreme Court decided Merit Management Group, LP v. FTI Consulting, Inc., holding unanimously that the § …
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First Circuit Holds That Trademark Licensee Loses Right to Use Trademarks When Debtor-Licensor Rejects License
By Brian S. Hermann, Alan W. Kornberg, and Erica G. Weinberger (Paul, Weiss, Rifkind, Wharton & Garrison LLP). Last month, the …
Recent Developments in Bankruptcy Law, February 2018
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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The Janus Faces of Reorganization Law
By Vincent S. J. Buccola (University of Pennsylvania - The Wharton School - Legal Studies & Business Ethics …
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Secured Transactions and Financial Stability: Regulatory Challenges
By Steven L. Schwarcz (Duke University School of Law) Secured transactions traditionally are regulated to protect transacting …
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Bankruptcy Court Rules That It Has Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan
By Charles M. Oellermann and Mark G. Douglas (Jones Day) Many chapter 11 plans include nonconsensual third-party releases that …