By Harold S. Novikoff, et al., Wachtell, Lipton, Rosen & Katz Prior to 2015, corporate defaults and bankruptcy filings were …
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Taking a Deeper Look into Momentive
By Michael Vitti, Duff & Phelps Much has been written about Momentive. Nevertheless, some relevant questions are not often …
10th Circuit Holds That First Time Transaction Falls Within 11 U.S.C. 547 (c)(2), Ordinary Course of Business Defense
By Purvi Shah and Michelle McMahon of Bryan Cave In re C.W. Mining. Co., the United Stated Circuit Court of Appeals for the Tenth …
Earth to Creditors: Triangular Payment Arrangements May Constitute “Reasonably Equivalent Value”
By Bryce Suzuki and Amanda Cartwright of Bryan Cave The Eleventh Circuit Court of Appeals recently clarified the meaning of …
Happy Holidays
We here at the Bankruptcy Roundtable wish you all happy holidays. We’ll be back in January. …
Rights of Creditors Will be Determined by Contract Terms and Fraudulent Conveyance Statutes—Quadrant v. Vertin
By Abigail Pickering Bomba, Steven Epstein, Arthur Fleischer, Jr., Peter S. Golden, Brian T. Mangino, J.Christian Nahr, Philip …
Purchasing Claims and Changing Votes: Establishing “Cause” under Rule 3018(a)
By Amir Shachmurove Chapter 11 of the Bankruptcy Code gives creditors whose rights will be impaired the right to vote to accept …
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Cram-down interest rates in controversy
By Maxwell Tucker of Squire Patton Boggs The correct method to determine the adequacy of the “cram-down” interest rate offered …
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WSJ Examiners — Insider Pay in Bankruptcy
The Wall Street Journal’s Bankruptcy Beat recently focused on the ever-controversial topic of executive pay. Reflecting on a …
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Restructuring the European Business Enterprise: The EU Commission Recommendation on a New Approach to Business Failure and Insolvency
By Horst Eidenmueller and Kristin van Zwieten, University of Oxford In 2014, the European Commission issued a recommendation on …
The Trouble with Unneeded Bankruptcy Reform: The LSTA’s Response to the ABI Chapter 11 Commission Report
[Editors' Note: The post below from the Loan Syndications and Trading Association (LSTA), summarizes their Report responding to …
TCEH Bankruptcy: SDNY Transfers Delaware Trust Company v. Wilmington Trust N.A. Intercreditor Dispute to Delaware Bankruptcy Court, Reaffirming Broad View of Bankruptcy Jurisdiction
By Mark Ellenberg, Howard Hawkins, Ivan Loncar, Ellen Halstead, Michele Maman and Tom Curtin of Cadwalader Wickersham & Taft …
Puerto Rico Update: White House Weighs in with a Proposal
With over $70 billion in debt and little cash to fund its ongoing operations, Puerto Rico remains in a state of fiscal crisis. …
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Organized Labor and the Cost of Debt: Evidence from Union Votes
Murillo Campello, Cornell University, National Bureau of Economic Research (NBER); Janet Gao, Indiana University - Kelley School …
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Bankruptcy in Groups
By William H. Beaver, Stanford University; Stefano Cascino, London School of Economics; Maria Correia, London Business School; and …
WSJ The Examiners — Trust Indenture Act
In light of recent court developments in Marblegate and Caesars, in which courts interpreted Section 316(b) of the Trust Indenture …
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Chapter 11 Duration, Pre-Planned Cases, and Refiling Rates: An Empirical Analysis in the Post-BAPCPA Era
By Foteini Teloni, Fordham University School of Law The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 …
Curbing the Exploitation of Passive Creditors in Chapter 11 Reorganization by Leveraging the Oversight Role of the United States Trustee
By Addison F. Pierce, American University – Washington College of Law The Bankruptcy Reform Act of 1978 is beginning to show its …
Testimony before House Judiciary Committee on Financial Institution Bankruptcy Act
By Stephen E. Hessler, Kirkland & Ellis LLP Congress is again advancing legislation to amend the Bankruptcy Code to add …
New AIRA Standards on Distressed Business Valuation
By Michael D. Pakter, Gould & Pakter Associates, LLC Given the increasing number of professionals who are performing business …
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