By Pengjie Gao (University of Notre Dame), Chang Lee (University of Illinois at Chicago), and Dermot Murphy (University of …
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The Dubai World Tribunal and the Global Insolvency Crisis
By Jayanth Krishnan (Indiana—Bloomington) In 2009, as markets from the United States to Europe to the Global South shook, one …
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FTI Roundup
The Seventh Circuit held last July in FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677 (7th Cir. July 28, 2016), …
Do Economic Conditions Drive DIP Lending?: Evidence from the Financial Crisis
By Colleen Honigsberg (Stanford Law School) and Frederick Tung (Boston University School of Law) For many firms, obtaining …
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Tinkering with Ipso Facto Provisions Could Send Them Sailing out of Safe Harbors
By Maurice Horwitz (Weil, Gotshal & Manges) Recently, the United States Bankruptcy Court for the Western District of Louisiana …
Implementing Symmetric Treatment of Financial Contracts in Bankruptcy and Bank Resolution
By Edward J. Janger (Brooklyn Law School) and John A.E. Pottow (University of Michigan Law School) Financial contracts, such as …
Restructuring Sovereign Debt after NML v. Argentina
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton) and Mitu Gulati (Duke University School of Law) The decade and a …
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Bankruptcy on the Side
By Kenneth Ayotte (University of California - Berkeley School of Law), Anthony J. Casey (University of Chicago Law School), David …
Supreme Court to Hear Arguments in Jevic on November 28
The Supreme Court is scheduled to hear oral arguments in Czyzewski v. Jevic Holding Corp. on November 28. In this week's posts, …
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How Absolute is the Absolute Priority Rule in Bankruptcy? The Case for Structured Dismissals
By Bruce Grohsgal (Widener University School of Law) A structured dismissal in a chapter 11 bankruptcy case is a court-approved …
Brief for Amici Curiae Law Professors in Support of Petitioners, In re Jevic
By Jonathan C. Lipson (Temple University Beasley School of Law) and Melissa B. Jacoby (University of North Carolina - Chapel Hill …
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When Do Laws and Institutions Affect Recovery Rates on Collateral?
By Hans Degryse, Vasso Ioannidou, Jose Maria Liberti, and Jason Sturgess The effect of bankruptcy laws and institutions governing …
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Strategies for Purchasing and Selling Assets in Chapter 11
By Jacqueline Marcus (Weil, Gotshal & Manges) and Doron Kenter (Robins Kaplan) Sales of a debtor’s assets pursuant to section …
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Bankruptcy Sales
By Melissa B. Jacoby (University of North Carolina - Chapel Hill) and Edward J. Janger (Brooklyn Law School) Bankruptcy courts …
The Future of Solvency and Adequate Capitalization Analysis
By Michael Simkovic, Seton Hall University School of Law Valuation, solvency, and adequate capitalization analyses play a crucial …
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Did Bankruptcy Reform Contribute to the Rise in Structured Finance?
By Kandarp Srinivasan Financial contracts such as repurchase agreements (“repos”) have effective “super-priority” in a bankruptcy …
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Supreme Court to Resolve Circuit Split Over Structured Dismissals
By Douglas Mintz, Robert Loeb and Monica Perrigino of Orrick, Herrington & Sutcliffe The Supreme Court recently granted …
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Establishing “Credible Losers” at Systemically Important Bank Holding Companies
By John Crawford, UC Hastings College of Law Systemically important bank holding companies (“SIBs”) have always had an abundance …
Successor Liability in § 363 Sales
By Michael L. Cook of Schulte, Roth & Zabel LLP Bankruptcy Code §363(f)(1) empowers a bankruptcy court to order a debtor’s …
Priority Matters
By Douglas G. Baird, University of Chicago Law School Chapter 11 of the Bankruptcy Code is organized around the absolute priority …