By Ronald J. Mann (Columbia Law School) The continuing struggle of the United States to emerge from the Great Recession gives …
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Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing
By Craig A. Barbarosh, Karen B. Dine, Jerry L. Hall, and Margaret J. McQuade (Katten Muchin Rosenman LLP) In November 2016, the …
Bankruptcy on the Side
By Kenneth Ayotte (University of California - Berkeley School of Law), Anthony J. Casey (University of Chicago Law School), David …
Successor Liability in § 363 Sales
By Michael L. Cook of Schulte, Roth & Zabel LLP Bankruptcy Code §363(f)(1) empowers a bankruptcy court to order a debtor’s …
Bankruptcy Advisory: What Can Oil Pipelines Do As Shipper Bankruptcy Risk Increases?
By Filiberto Agusti, Caroline H.B. Gaudet, and Steven Reed, Steptoe & Johnson LLP The expansion of North American petroleum …
The Crude Downturn for Oil Companies
By John England, Andrew Slaughter, and Anshu Mittal of Deloitte LLP The ups and downs in the crude oil and natural gas (O&G) …
External and Internal Asset Partitioning: Corporations and Their Subsidiaries
By Henry Hansmann, Yale Law School, and Richard Squire, Fordham University School of Law In our book chapter “External and …
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Business Bankruptcy and Restructuring: 2015/2016
By Harold S. Novikoff, et al., Wachtell, Lipton, Rosen & Katz Prior to 2015, corporate defaults and bankruptcy filings were …
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WSJ Examiners — Insider Pay in Bankruptcy
The Wall Street Journal’s Bankruptcy Beat recently focused on the ever-controversial topic of executive pay. Reflecting on a …
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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 …
Bankruptcy in Groups
By William H. Beaver, Stanford University; Stefano Cascino, London School of Economics; Maria Correia, London Business School; and …
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 …
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 & …
Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom
By Adrian Walters, IIT Chicago-Kent School of Law The prevailing wisdom is that Chapter 11 bankruptcy proceedings have been …
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 …
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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