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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Venue Reform Can Save Companies
By Lynn LoPucki, Security Pacific Bank Distinguished Professor of Law at UCLA Law School One side in litigation should not pick …
The Bankruptcy Clause, the Fifth Amendment, and the Limited Rights of Secured Creditors in Bankruptcy
By Charles J. Tabb, University of Illinois College of Law The received wisdom in bankruptcy jurisprudence is that the Fifth …
Bankruptcy Survival
By Lynn M. LoPucki and Joseph W. Doherty, UCLA School of Law Of the large, public companies that seek to remain in business …
Seventh Circuit Warns Intervenors Not to Sleep on Their Rights
By Eric G. Pearson, Foley & Lardner LLP It's an ancient principle of equity, drawn from Roman law: Equity relieves the …
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The Agglomeration of Bankruptcy
By Efraim Benmelech, Nittai Bergman, Anna Milanez, & Vladimir Mukharlyamov In “The Agglomeration of Bankruptcy,” Professor …
The Duty to Maximize Value of an Insolvent Enterprise
By Brad Eric Scheler, Steven Epstein, Robert C. Schwenkel, and Gail Weinsten of Fried, Frank, Harris, Shriver & Jacobson …
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Court of Appeals Vacates DIP Financing Order for Lender’s Lack of Good Faith
By Michael L. Cook, Schulte Roth & Zabel LLP The Bankruptcy Code encourages lenders to make debtor-in-possession (“DIP”) …
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