By Shana A. Elberg, Seth E. Jacobson, & George R. Howard (Skadden) Today, U.S. borrowers are more indebted than ever …
Secured Credit Spreads
By Efraim Benmelech (Northwestern University - Kellogg School of Managemen, Nitish Kumar (University of Florida), and Raghuram …
Want to Take Control of Professional Fees in Large Chapter 11 Bankruptcy Cases? Talking with Your Client’s General Counsel is a Good First Step
By Professor Nancy Rapoport (William S. Boyd School of Law, University of Nevada, Las Vegas) As someone who studies …
Bankruptcy Claim Dischargeability and Public Externalities: Evidence from a Natural Experiment
By Michael Ohlrogge (New York University School of Law) In 2009, the Seventh Circuit ruled in U.S. v. Apex Oil that certain …
Covenant of Good Faith and Fair Dealing Examined: La Paloma
By Ronit J. Berkovich and Fraser Andrews (Weil) On January 13, 2020, the United States Bankruptcy Court for the District of …
Continue Reading about Covenant of Good Faith and Fair Dealing Examined: La Paloma
Estimating the Need for Additional Bankruptcy Judges in Light of the COVID-19 Pandemic
By Benjamin Iverson (BYU Marriott School of Business), Jared A. Ellias (University of California, Hastings College of the Law), …
Bond Trustees, and the Rising Challenge of Activist Investors
By Steven L. Schwarcz (Duke University School of Law) Large financial institutions, such as U.S. Bank or Bank of NY Mellon, …
Continue Reading about Bond Trustees, and the Rising Challenge of Activist Investors
More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC
By Charles Tabb and Carly Everhardt (Foley & Lardner) In Ritzen Group Inc. v. Jackson Masonry, LLC, the Supreme Court …
Congress is ignoring the best solution for troubled companies: bankruptcy
By Jared A. Ellias (University of California Hastings College of the Law), George Triantis (Stanford Law School) During the …
Continue Reading about Congress is ignoring the best solution for troubled companies: bankruptcy
A Guide to the Small Business Reorganization Act of 2019
By Hon. Paul W. Bonapfel (U.S. Bankruptcy Judge, N.D. Ga.) A Guide to the Small Business Reorganization Act of 2019 is a …
Continue Reading about A Guide to the Small Business Reorganization Act of 2019
Bankruptcy Venue Reform
By Nicholas Cordova (Harvard Law School) Although the Boy Scouts of America (BSA) is headquartered in Texas, it filed for …
COVID-19: Rethinking Chapter 11 Bankruptcy Valuation Issues in the Crisis
By Andrew N. Goldman, George W. Shuster Jr., Benjamin W. Loveland, Lauren R. Lifland (Wilmerhale …
Continue Reading about COVID-19: Rethinking Chapter 11 Bankruptcy Valuation Issues in the Crisis
COVID-19 and the Bankruptcy Court Workload
By Taylor Custer (Harvard Law School) The United States’ response to COVID-19 has led to record levels of unemployment and a …
Continue Reading about COVID-19 and the Bankruptcy Court Workload
Bankruptcy and COVID-19 Working Group
An interdisciplinary group of bankruptcy scholars from the “Large Corporations Committee of the Bankruptcy & COVID-19 Working …
Continue Reading about Bankruptcy and COVID-19 Working Group
Planning for an American Bankruptcy Epidemic
By Ben Iverson (Brigham Young University), Mark Roe (Harvard Law School) The COVID-19 pandemic looks likely to cause a surge …
Continue Reading about Planning for an American Bankruptcy Epidemic
Bankruptcy and Aircraft Finance
By Franklin H. Top III, Stephen R. Tetro, Richard F. Klein, James M. Heiser (Chapman and Cutler LLP) Hundreds of billions …
Bankruptcy Tourism and the European Union’s Corporate Restructuring Quandary: The Cathedral in Another Light
By Samir D. Parikh (Lewis & Clark Law School) For the last decade, the European Union has been reconceptualizing its …
Pre-packaged Insolvency in India: Lessons from USA and UK
By Himani Singh (New York University School of Law) Corporate rescue is used as a pre-cursor to bankruptcy filing to provide …
Continue Reading about Pre-packaged Insolvency in India: Lessons from USA and UK
Bankruptcy’s Role in the COVID-19 Crisis
By Edward R. Morrison and Andrea C. Saavedra (Columbia Law School) Current COVID-19 policies treat bankruptcy law as a last …
Continue Reading about Bankruptcy’s Role in the COVID-19 Crisis
COVID-19 Impacts on Landlords of Retail Debtors
By Scott K. Charles, Amy R. Wolf, Michael H. Cassel (Wachtell) This memorandum addresses one of the impacts of COVID-19 on …
Continue Reading about COVID-19 Impacts on Landlords of Retail Debtors