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 …
Recent Developments in Bankruptcy Law
By Richard Levin of Jenner & Block The bankruptcy courts and their appellate courts continue to explore issues of interest to …
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Supreme Court Resolves Circuit Split on Actual Fraud
By Richard Lear of Holland & Knight. The Supreme Court held 7-1 in Husky Int'l Electronics v. Ritz that "actual fraud" under …
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Bankruptcy Code Amendments Pass the House in Appropriations Bill
On July 7, the House of Representatives passed an appropriations bill (H.R. 5485) that includes a revised version of H.R. 2947, …
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Bankruptcy Court Disagrees with Second Circuit’s Holding in Tribune
By Lee Harrington of Nixon Peabody. Recently, in In re Physiotherapy Holdings Inc., the Bankruptcy Court in Delaware held that …
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Bankruptcy’s Quiet Revolution
Douglas G. Baird, University of Chicago School of Law Over the last few years, reorganization practice has undergone a …
Earnings Management and Firm Value in Chapter 11
Timothy C.G. Fisher, University of Sydney Ilanit Gavious, Ben-Gurion University of the Negev Jocelyn Martel, ESSEC Business …
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Bankruptcy Resolution and the Restoration of Priority of Claims
Vedran Capkun, Associate Professor, Accounting and Management Control, HEC Paris Lawrence Weiss, Professor of International …
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Bankruptcy Advisory: What Can Oil Pipelines Do As Shipper Bankruptcy Risk Increases?
By Filiberto Agusti, Caroline H.B. Gaudet, and Steven Reed, Steptoe & Johnson LLP The expansion of North American petroleum …
Developing a New Resolution Regime for Failed Systemically Important Financial Institutions
Stephanie Massman, J.D. 2015, Harvard Law School In the wake of the 2007-2008 financial crisis, criticism surrounded not …
The Effect of Executive Compensation on Recoveries
By Andrea Pawliczek, Leeds School of Business, University of Colorado - Boulder The structure of executive compensation …
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Tribune Fraudulent Conveyance Litigation Roundup
Recently, in In re Tribune Co. Fraudulent Conveyance Litig., 2016 WL 1226871 (March 29, 2016), the Second Circuit held that 11 …
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28 Law Firms Publish White Paper Addressing Trust Indenture Act Complications In Debt Restructurings
By David A. Brittenham, Matthew E. Kaplan, M. Natasha Labovitz, Peter J. Loughran, Jeffrey E. Ross, and My Chi To of Debevoise …
Texas Supreme Court Resolves Good Faith Value Defense Issue For Fifth Circuit
By Michael L. Cook, Schulte Roth & Zabel LLP The Uniform Fraudulent Transfer Act ("UFTA") (§ 8(a)), like Bankruptcy …
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Failure of the Clearinghouse: Dodd-Frank’s Fatal Flaw?
Stephen J. Lubben Harvey Washington Wiley Chair in Corporate Governance & Business Ethics, Seton Hall University School of …
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