By Piotr Danisewicz (University of Bristol), Danny McGowan (University of Nottingham), Enrico Onali (Aston University; University …
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Selling Innovation in Bankruptcy
By Song Ma (Yale School of Management), (Joy) Tianjiao Tong (Duke University, Fuqua School of Business), and Wei Wang (Queen’s …
Fiduciary Duties in Bankruptcy and Insolvency
By John A. E. Pottow (University of Michigan Law School). Although discussed nowhere in the U.S. Bankruptcy Code, fiduciary …
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Optimal Capital Structure and Bankruptcy Choice: Dynamic Bargaining vs. Liquidation
By Samuel Antill and Steven R. Grenadier (Stanford Graduate School of Business) In this work, we develop and solve a …
Recent Rulings Deepen the Divide on Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
By Charles M. Oellermann and Mark G. Douglas (Jones Day) The ability to avoid fraudulent or preferential transfers is a …
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 …
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), …
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, …
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 …
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 …
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 …