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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Financial Distress, Stock Returns, and the 1978 Bankruptcy Reform Act
By Dirk Hackbarth, Boston University, Rainer Haselmann, Goethe University Frankfurt, and David Schoenherr, London Business …
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Financial Experts in Chapter 11 Bankruptcies: Unique Situations from Common Assignments
By Allyn Needham, Shipp, Needham & Durham, LLC When disagreements arise in Chapter 11 bankruptcies, debtor and/or creditors’ …
Bankruptcy Code With No Repo Safe Harbor — An Evaluation
By Jeffrey Murphy and Lee Smith of Dentons The ABI Reform Commission recommended that the safe harbors under Section 555 and 559 …
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A New Fulcrum Point for City Survival
By Samir D. Parikh, Lewis & Clark Law School Municipalities face daunting fiscal challenges that threaten debt repayment and …
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A Constitutional Review of the Draft ‘Macron’ Law Introducing Shareholder Eviction under French Law: The Revolution that Didn’t Happen
By Sophie Vermeille, Jérémy Martinez & Frank-Adrien Papon In a politically controversial attempt to modernize the French …
Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Editor’s Note: Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors' Bargain, by Mark Roe and Fred Tung, was …
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A Third Way: Examiners As Inquisitors
By Daniel J. Bussel, UCLA School of Law There is a buzz concerning bankruptcy examiners. Recently in such cases as ResCap, Dynegy …
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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 & …