By Timothy Q. Karcher, David M. Hillman, Vincent Indelicato, and Charles A. Dale (Proskauer Rose LLP) There is a growing …
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Bankruptcy’s Turn to Market Value
By Professor Mark Roe (Harvard Law School) and Professor Michael Simkovic (USC Gould School of Law) Many lawyers viewed …
Death, Bankruptcy, and the Public Hospital
By Michael Francus (Notre Dame Law School) The COVID-19 pandemic highlighted, and strained, finances across the healthcare …
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Sears Holding: A Case Study in Valuing Collateral in Chapter 11
By Mark G. Douglas and Oliver S. Zeltner (Jones Day) Valuation is a critical and indispensable part of the bankruptcy …
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Recent Developments at the Intersection of Bankruptcy and Environmental Law
By Thomas Goslin (Weil, Gotshal, & Manges LLP) Retired U.S. Bankruptcy Judge Robert E. Gerber once observed that issues as to …
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Hidden Wealth Transfers in Bankruptcy Asset Sales: A Real Option Analysis
By Jordan Neyland (Assistant Professor of Law, Antonin Scalia Law School at George Mason University) and Kathryn St. John (Legal …
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Do the Right Firms Survive Bankruptcy?
By Samuel Antill (Stanford Graduate School of Business) In Chapter 11 bankruptcies, a court-supervised negotiation among …
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Bankruptcy Sales: Is A Public Auction Required to Assure That Property Is Sold for The Highest and Best Price?
By Vicki R. Harding (Vicki R. Harding, PLLC) A buyer negotiating acquisition of commercial real estate from a Chapter 7 trustee …
A New PDVSA? The Transfer of Venezuela’s Oil Assets to a Successor Entity and Fraudulent Conveyance
By Richard Levin (Jenner & Block LLP) and Roland Pettersson (LEC Abogados). This Working Paper analysis the hypothetical …
Junior Creditors Could Share In 363 Bankruptcy Sales
By Charles Tabb and Tamar Dolcourt (Foley & Lardner LLP). In July, the Seventh Circuit Court of Appeals issued a decision …
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Selling Innovation in Bankruptcy
By Song Ma (Yale School of Management), (Joy) Tianjiao Tong (Duke University, Fuqua School of Business), and Wei Wang (Queen’s …
United States: In GM, Second Circuit Takes a Wrong Turn on Its Treatment of Unknown Claims
By Debra A. Dandeneau (Baker & McKenzie) Elliott v. General Motors LLC (In re Motors Liquidation Co.), 829 F.3d 135 (2d Cir. …