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 …
Continue Reading about Recent Lessons on Management Compensation at Various States of the Chapter 11
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 …
Second Circuit Limits Availability of Chapter 15
Authors: Jasmine Ball, Richard F. Hahn, M. Natasha Labovitz, George E.B. Maguire, Shannon Rose Selden, My Chi To, Michael E. …
Continue Reading about Second Circuit Limits Availability of Chapter 15
Preference Recovery: You May Be More Exposed Than You Think
Author: Vicki R. Harding, Pepper Hamilton LLP Imagine a $2 million property that secures a $1.75 million senior loan and a …
Continue Reading about Preference Recovery: You May Be More Exposed Than You Think
Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Post by Frederick Tung, Professor at Boston University School of Law In “Breaking Bankruptcy Priority: How Rent-Seeking Upends …
Continue Reading about Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Buyer Beware: Courts Put Claims Trades Under a Microscope
By Rick Antonoff, Mark Pesso, Timothy Bennett and Leah Edelboim, Clifford Chance US LLP Recent decisions on claims trading in …
Continue Reading about Buyer Beware: Courts Put Claims Trades Under a Microscope
The Ownership and Trading of Debt Claims in Chapter 11 Restructurings
By Victoria Ivashina, Ben Iverson, and David C. Smith The role that active investors play in Chapter 11 reorganization is hotly …
Continue Reading about The Ownership and Trading of Debt Claims in Chapter 11 Restructurings
Practitioners, Academics, and a Judge Testify about Safe Harbors before Congress
Author: Stephen D. Adams The House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law has held two sets …
The Bankruptcy-Law Safe Harbor for Derivatives: A Path-Dependence Analysis
Authors: Steven L. Schwarcz and Ori Sharon Bankruptcy law gives creditors in derivatives transactions a “safe harbor” in the form …
Continue Reading about The Bankruptcy-Law Safe Harbor for Derivatives: A Path-Dependence Analysis
Lehman Bankruptcy Court Issues Safe Harbor Decision
Authors: Kathryn Borgeson, Mark Ellenberg, Lary Stromfeld, John Thompson On December 19, 2013, Judge James M. Peck of the United …
Continue Reading about Lehman Bankruptcy Court Issues Safe Harbor Decision
Capmark Decision Clarifies Insider Status for Market Participants
Authors: Marshall S. Huebner and Hilary A.E. Dengel, Davis Polk Being deemed an “insider” has important ramifications for …
Continue Reading about Capmark Decision Clarifies Insider Status for Market Participants
Valuation Methodologies: A Judge’s View
Author: the Hon. Christopher S. Sontchi There are a variety of methodologies to determine the value of assets that are routinely …
Continue Reading about Valuation Methodologies: A Judge’s View
Bankruptcy Step Zero
Authors: Douglas G. Baird and Anthony J. Casey In RadLAX Gateway Hotel, LLC v Amalgamated Bank, the Supreme Court’s statutory …
Bankruptcy and Economic Recovery
Authors: Thomas Jackson & David Skeel A striking feature of the recent economic crisis was the long period of subpar economic …
A Recent Decision in the Fisker Case Brings New Life to the Credit Bidding Debate
Author: Nelly Almeida, Weil Gotshal & Manges LLP On January 10, 2014, the United States Bankruptcy Court for the District of …