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 …
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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 …
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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 …
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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 …
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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 …
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Puerto Rico Public Corporation Debt Enforcement and Recovery Act
Puerto Rico is facing the most critical fiscal situation in its history. Its public corporations are especially compromised, …
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The Bankruptcy Clause, the Fifth Amendment, and the Limited Rights of Secured Creditors in Bankruptcy
By Charles J. Tabb, University of Illinois College of Law The received wisdom in bankruptcy jurisprudence is that the Fifth …
ISDA Resolution Stay Protocol: A Brief Overview
On November 12, 2014, the International Swaps and Derivatives Association (“ISDA”) officially released the ISDA 2014 Resolution …
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Fixing the Trust Indenture Act to Allow Restructuring Votes
By Mark J. Roe, Harvard Law School The Trust Indenture Act of 1939 bars binding bondholder votes on core payment terms. The …
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SDNY Issues Novel Opinion Holding that Out-of-Court Restructurings May Violate Noteholder Rights Under the Trust Indenture Act
By Alan F. Denenberg, Joseph A. Hall, Michael Kaplan, Jeffrey M. Oakes, Richard D. Truesdell, Jr., and Sarah Ashfaq of Davis Polk …
Bankruptcy Survival
By Lynn M. LoPucki and Joseph W. Doherty, UCLA School of Law Of the large, public companies that seek to remain in business …
Momentive Ruling May Pave the Road for Below-Market “Takeback Paper” Cramdowns of Secured Creditors
By Donald S. Bernstein, Davis Polk & Wardwell LLP In a lengthy and widely discussed bench ruling delivered on August 26, …
Seventh Circuit Warns Intervenors Not to Sleep on Their Rights
By Eric G. Pearson, Foley & Lardner LLP It's an ancient principle of equity, drawn from Roman law: Equity relieves the …
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The Agglomeration of Bankruptcy
By Efraim Benmelech, Nittai Bergman, Anna Milanez, & Vladimir Mukharlyamov In “The Agglomeration of Bankruptcy,” Professor …
House Passes Financial Institution Bankruptcy Act
On December 1, 2014, the House of Representatives passed, with bipartisan support, H.R. 5421—the Financial Institution Bankruptcy …
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