By Daniel J. Bussel, UCLA School of Law There is a buzz concerning bankruptcy examiners. Recently in such cases as ResCap, Dynegy …
Continue Reading about A Third Way: Examiners As Inquisitors
Bankruptcy Examiners in Chapter 11
By Jonathan C. Lipson, Temple University—Beasley School of Law, and Christopher Fiore Marotta, KPMG Bankruptcy examiners have …
Supreme Court Permits Bankruptcy Courts to Issue Final Judgments with Parties’ Consent
By Harold S. Novikoff, Douglas K. Mayer, Ian Boczko, Emil A. Kleinhaus, and Alexander B. Lees of Wachtell, Lipton, Rosen & …
Restructuring Failed Financial Firms in Bankruptcy: Selling Lehman’s Derivatives Portfolio
By Mark J. Roe, Harvard Law School, and Stephen D. Adams, Ropes & Gray LLP Lehman Brothers’ failure and bankruptcy led to …
Chapter 15 Recognition in the United States: Is a Debtor “Presence” Required?
By Daniel M. Glosband, Goodwin Procter LLP, and Jay Lawrence Westbrook, The University of Texas School of Law In a recent case, …
Continue Reading about Chapter 15 Recognition in the United States: Is a Debtor “Presence” Required?
Tender Offer Approved to Implement Classwide Debt Exchange Outside Plan of Reorganization
By Charles M. Oellermann and Mark G. Douglas, Jones Day Debt-for-equity swaps and debt exchanges are common features of …
The Problem With Preferences
By Daniel J. Bussel, UCLA School of Law Brook Gotberg in Conflicting Preferences does a great service in lucidly identifying the …
Conflicting Preferences: Avoiding Proceedings in Bankruptcy Liquidation and Reorganization
By Brook Gotberg, J. Reuben Clark Law School, Brigham Young University The law of preferential transfers permits the trustee of a …
Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom
By Adrian Walters, IIT Chicago-Kent School of Law The prevailing wisdom is that Chapter 11 bankruptcy proceedings have been …
Indenture Trustees in Out-of-Court Restructuring Transactions: Proceed with Caution
By Howard Seife and Marian Baldwin Fuerst of Chadbourne & Parke LLP The recent decision of the United States District …
Corporate Bankruptcy Tourists
By Oscar Couwenberg & Stephen J. Lubben Insolvency procedures are not designed for corporate group, but for individual debtor …
The New Corporate Web: Tailored Entity Partitions and Creditors’ Selective Enforcement
By Anthony J. Casey, University of Chicago Law School Firms often separate assets into distinct entities that have their own …
From Chrysler and General Motors to Detroit
By David A. Skeel, Jr., University of Pennsylvania Law School In the past five years, three of the most remarkable bankruptcy …
Continue Reading about From Chrysler and General Motors to Detroit
Overview of ABI Commission Report and Recommendation on the Reform of Chapter 11 of the Bankruptcy Code
By Jay M. Goffman, George N. Panagakis, Ken Ziman, Van C. Durrer II, John K. Lyons, Mark A. McDermott, and David M. Turetsky of …
The Weakest Link in Intercreditor Agreements Breaks Again in Momentive
By Lawrence Safran, Mitchell A. Seider, Keith A. Simon, and Adam J. Goldberg of Latham & Watkins LLP Intercreditor agreements …
Continue Reading about The Weakest Link in Intercreditor Agreements Breaks Again in Momentive
Bankruptcy Court Approves Non-Market Cramdown Rate on Momentive Secured Creditors
By Adam C. Harris and Karen S. Park of Schulte Roth & Zabel LLP A recent decision from the Bankruptcy Court for the Southern …
Venue Roundtable in WSJ Bankruptcy Beat
Venue in Chapter 11 cases has been a hot topic, particularly after a recent venue battle in Caesar’s and the ABI Commission …
Continue Reading about Venue Roundtable in WSJ Bankruptcy Beat
Venue Reform Can Save Companies
By Lynn LoPucki, Security Pacific Bank Distinguished Professor of Law at UCLA Law School One side in litigation should not pick …
The ISDA 2014 Resolution Stays Protocol and the Bankruptcy Code Safe Harbors
By David Geen and Samantha Riley of the International Swaps and Derivatives Association (ISDA) The International Swaps and …
Continue Reading about The ISDA 2014 Resolution Stays Protocol and the Bankruptcy Code Safe Harbors
U.S. District Court Holds that Puerto Rico’s Recovery Act is Unconstitutional
By Mark Ellenberg, Howard Hawkins, Lary Stromfeld, Ivan Loncar, and Thomas Curtin of Cadwalader Wickersham & Taft LLP On …
Continue Reading about U.S. District Court Holds that Puerto Rico’s Recovery Act is Unconstitutional