By Paul Hessler, Aaron Javian, and Robert Trust, Linklaters LLP On June 9, 2014, in a highly anticipated decision Executive …
The Costs of Corporate Bankruptcy: How Little We Know
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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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. …
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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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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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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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 …
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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 …