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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Chapter 22 Roundtable in the WSJ Bankruptcy Beat
Last week, the Wall Street Journal’s Bankruptcy Beat posted several pieces on the causes and consequences of so-called “Chapter …
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Update on Directors’ and Officers’ Insurance in Bankruptcy
By Douglas K. Mayer, Martin J.E. Arms, and Emil A. Kleinhaus of Wachtell, Lipton, Rosen & Katz D&O insurance policies …
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The Article III Problem in Bankruptcy
By Anthony J. Casey and Aziz Z. Huq, University of Chicago Law School The Supreme Court has struggled for the last three …
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Federal Antitrust Laws: A New Tool to Prohibit Pre-Petition Coordination Among Creditors?
By Bradley Purcell, Justin Sabin, and Jamila Willis, Bryan Cave LLP In today’s economic climate, restructuring activity is at a …
Mind the Gap: Supreme Court Partially Resolves Procedural Uncertainty Created by Stern v. Marshall
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 …