Author: Stephen J. Lubben, Seton Hall University School of Law For almost as long as there have been bankruptcy laws, there have …
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The Value of Soft Variables in Corporate Reorganizations
By Michelle Harner, University of Maryland Francis King Carey School of Law When a company is worth more as a going concern than …
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Creditor Conflict and the Efficiency of Corporate Reorganization
By Mark Jenkins at University of Pennsylvania and David C. Smith at University of Virginia While a rich set of theories make …
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Delaware District Court Affirms Order Approving Gifting In Chapter 11 Case
Author: Mindy Mora of Billzin Sumberg Baena Price & Axelrod, LLP In an unusual but practical decision, the U.S. District …
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Eighth Circuit Expands Subsequent New Value Preference Defense in Cases Involving Three-Party Relationships
Authors: Charles M. Oellermann and Mark G. Douglas A bankruptcy trustee or chapter 11 debtor-in-possession has the power under …
Bankruptcy’s Corporate Tax Loophole
By Diane Lourdes Dick, Seattle University School of Law My recent article, Bankruptcy’s Corporate Tax Loophole, 82 Fordham L. …
The Case in Brief Against Chapter 14
Author: Bruce Grohsgal, Pachulski Stang Ziehl & Jones, LLP Resolution of a distressed financial company under Dodd-Frank …
The Chapter 14 Proposal in the Senate
Author: Stephen D. Adams* [This week the Roundtable looks at the Chapter 14 proposal in the Senate. This post provides an …
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Reports of Equity’s Death Have Been Greatly Exaggerated
By Adam J. Levitin, Georgetown University Law Center Mark Berman is very kind to take notice of my article in his recent analysis …
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Revisiting the Recidivism-Chapter 22 Phenomenon in the U.S. Bankruptcy System
Author: Edward I. Altman, NYU Stern School of Business This study finds that about 15% of all debtors, who emerge as continuing …
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‘Wither’ the Equity Powers of the Bankruptcy Court
Author: Mark N. Berman, Nixon Peabody LLP The United States Supreme Court’s Law v. Siegel decision has been explained away as an …
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The Evolution of European Insolvency Law Part 2: The EU Commission’s Proposal for the Amendment of the European Insolvency Regulation
Author: Dr. Björn Laukemann, Maître en droit (Aix-en-Provence), Senior Research Fellow at the Max Plack Institute Luxembourg for …
Get in Line: Chapter 11 Restructuring in Crowded Bankruptcy Courts
By Benjamin Iverson, Kellogg School of Management at Northwestern University On average, total bankruptcy filings rise by 32% …
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Another Court of Appeals Broadly Reads Settlement Payment Safe Harbor
By Michael L. Cook, Schulte Roth & Zabel LLP The Courts of Appeals, with few exceptions, have broadly read the safe harbor …
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Bankruptcy Law as a Liquidity Provider
Authors: Kenneth Ayotte & David Skeel Since the outset of the recent financial crisis, liquidity problems have been cited as …
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Activist Investors, Distressed Companies, and Value Uncertainty
Authors: Michelle M. Harner, Jamie Marincic Griffin, and Jennifer Ivey-Crickenberger Hedge funds and other private investment …
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“Trade Away!”—Bankruptcy Court for the Southern District of New York Decides That Original Issue Discount From Fair Value Exchanges Is Allowable in Bankruptcy
Authors: Richard L. Wynne and Lance Miller, Jones Day Debt exchanges have long been utilized by distressed companies to address …
Essential Corporate Bankruptcy Law
Authors: Oscar Couwenberg & Stephen J. Lubben In every economy, the question of what to do with financially distressed …
Recent Lessons on Management Compensation at Various States of the Chapter 11
By James H. M. Sprayregen, Christopher T. Greco, and Neal Paul Donnelly, Kirkland & Ellis Setting compensation for senior …
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The Evolution of European Insolvency Law: Part 1: The Heidelberg/Luxembourg/Vienna Report
Authors: Prof. Burkhard Hess (Luxembourg/Heidelberg), Univ.-Prof. Paul Oberhammer (Vienna/London/St. Gallen) and Prof. Thomas …