By Jonathan C. Gordon (Jones Day). Consider an insolvency proceeding outside the United States. To obtain ancillary relief in the …
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Rethinking “Too Big To Fail”
By Saule T. Omarova (Cornell University) “Too big to fail” – or “TBTF” – is a popular metaphor for a core dysfunction of today’s …
Debt Recharacterization Under State Law
By James M. Wilton (Ropes & Gray, LLP) The majority federal law test for recharacterization of insider debt in bankruptcy …
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Bankruptcy Hardball
By Jared A. Ellias (University of California, Hastings) & Robert Stark (Brown Rudnick LLP) On the eve of the financial crisis, …
Taking Control Rights Seriously
By Robert K. Rasmussen (University of Southern California Gould School of Law) It is common to observe that investors receive both …
Consumer Response to Chapter 11 Bankruptcy: Negative Demand Spillover to Competitors
By O. Cem Ozturk (Georgia Institute of Technology - Scheller College of Business), Pradeep K. Chintagunta (University of Chicago), …
How Much Value Was Destroyed by the Lehman Bankruptcy?
The Federal Reserve Bank of New York’s Liberty Street Economics Blog has run a series of five posts seeking to estimate the total …
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Debt Restructuring: When Do Loan and Bond Prepayments Pay Off?
By Edwin Fischer and Ines Wöckl (University of Graz) Many debtholders, whether private households, companies, or states, are …
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Insider Trading: Are Insolvent Firms Different?
By Andrew Verstein (Wake Forest University School of Law) Are insolvent firms different from solvent firms with respect to insider …
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How Specialized Courts Changed the Chinese Bankruptcy System
By Bo Li (Tsinghua University - PBC School of Finance) and Jacopo Ponticelli (Kellogg School of Management - Department of …
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Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives
By Cheng-Han Tan, Jiangyu Wang, Christian Hofmann (National University of Singapore Law School) Corporate personality is not …
Director Bankruptcy Experience and Corporate Risk Taking
By Radhakrishnan Gopalan (Washington University in St. Louis - John M. Olin Business School), Todd A. Gormley (Washington …
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Senate Judiciary Committee Hearing on Bankruptcy for Banks and Proposed Chapter 14
On November 13, 2018, the Senate Judiciary Committee held a hearing on “Big Bank Bankruptcy: 10 Years After Lehman Brothers,” in …
Regulating Bankruptcy Bonuses
By Jared Ellias (University of California, Hastings) In 2005, the perception that wealthy executives were being rewarded for …
Bankruptcy for Banks: A Tribute (and Little Plea) to Jay Westbrook
By David A. Skeel, Jr. (University of Pennsylvania Law School) Over the past several years, Congress has considered various …
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Secured Credit and Effective Entity Priority
By Christopher W. Frost (University of Kentucky - College of Law) The historical and doctrinal development of secured transactions …
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Creditor Governance
By William R. McCumber (College of Business, Louisiana Tech University) and Tomas Jandik (Sam M. Walton College of Business, …
A New Approach to Executory Contracts
By John A. E. Pottow (University of Michigan Law School) Few bankruptcy topics have bedeviled courts—and busied commentators—as …
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The Secret Life of Priority: Corporate Reorganization After Jevic, 93 WASH L. REV. 631 (2018)
By Jonathan C. Lipson (Temple University - James E. Beasley School of Law) The Supreme Court’s 2017 decision in Czyzewski v. Jevic …
Non-Debtor Substantive Consolidation: Do Recent Cases Signal a Judicial Preference for State Law Claims?
By Charles W. Azano (Mintz Levin). Jurisprudence varies on whether bankruptcy courts have the power to consolidate a bankruptcy …