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 …
Bankruptcy Claims Trading
By Jared A. Ellias (University of California, Hastings) Over the past twenty years, a robust secondary market has emerged in the …
Repo Markets Across the Atlantic: Similar but Unalike
By Songjiwen Wu (University of Heidelberg) and Hossein Nabilou (Universite du Luxembourg - Faculty of Law, Economics and …
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Bankruptcy Law as a Balancing System – Lessons from a Comparative Analysis of the Interaction Between Labor and Bankruptcy Laws
By Omer Kimhi (Haifa University Faculty of Law) and Arno Doebert (Independent) The rehabilitation of distressed corporations often …
Valuation Disputes in Corporate Bankruptcy
Kenneth Ayotte (U.C. Berkeley School of Law); Edward R. Morrison (Columbia Law School) In bankruptcy, valuation drives disputes. …
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The Effect of Creditor Rights on Capital Structure, Investment, Profitability, and Risk: Evidence from a Natural Experiment
By Aras Canipek (University of Konstanz), Axel Kind (University of Konstanz; University of Basel; University of St. Gallen), and …
Beyond Common Equity: The Influence of Secondary Capital on Bank Insolvency Risk
By Thomas Conlon (University College Dublin), John Cotter (University College Dublin; UCLA Anderson School of Management); Philip …
Debate Intensifies as to Whether the Bankruptcy Code’s Avoidance Provisions Apply Extraterritorially
by Charles M. Oellermann and Mark G. Douglas (Jones Day). The ability to avoid fraudulent or preferential transfers is a …
Optimal Deterrence and the Preference Gap
By Brook Gotberg (University of Missouri School of Law) It is generally understood that the way to discourage particular behavior …
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The Changing Landscape of Consensual Third-Party Releases in Chapter 11 Plans: Does Silence = Consent?
By Kathrine A. McLendon and Lily Picón (Simpson Thacher & Bartlett LLP) There has been increasing focus on what evidences …
Recent Developments in Bankruptcy Law, April 2018
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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Do Managers Strategically Change Their Disclosure Before a Debt Covenant Violation?
By Thomas Bourveau (Hong Kong University of Science and Technology), Derrald Stice (Hong Kong University of Science and …
Bankruptcy Forum Shopping in Europe
By Wolf-Georg Ringe (University of Hamburg - Institute of Law & Economics; University of Oxford - Faculty of Law). Over the …
Courts As Institutional Reformers: Bankruptcy and Public Law Litigation
Kathleen G. Noonan (University of Pennsylvania), Jonathan C. Lipson (Temple University—Beasley School of Law), and William H. …
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The Impact of Brexit on Debt Restructuring and Insolvency Practice
By Manuel Penades and Michael Schillig (King's College London – The Dickson Poon School of Law). With its flexible restructuring …
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The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Practice Makes Perfect: Judge Experience and Bankruptcy Outcomes
By Benjamin Charles Iverson (Brigham Young University), Joshua Madsen (University of Minnesota, Twin Cities, Carlson School of …
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Ninth Circuit Holds That Impaired Accepting Class Requirement Applies to Plan Confirmation on a “Per-Plan” Rather Than a “Per Debtor” Basis
By James L. Bromley, Lisa M. Schweitzer, Sean A. O'Neal, Luka A. Barefoot, and Daniel K. Soltman (Cleary Gottlieb). On January …