By John A. E. Pottow (University of Michigan Law School). Although discussed nowhere in the U.S. Bankruptcy Code, fiduciary …
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Equitable Mootness Doctrine Persists in Bankruptcy Appeals
By Shana A. Elberg, Amy Van Gelder, and Jason M. Liberi (Skadden, Arps, Slate, Meagher & Flom LLP) In recent years, some …
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Recent Developments in Bankruptcy Law October 2017
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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A Few Predictions for Justice Gorsuch’s Bankruptcy Jurisprudence
By Megan McDermott (University of Wisconsin Law School) The confirmation of a new Supreme Court justice offers opportunities to …
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Finding Acceptance: Using Strategic Impairment to Satisfy 1129(a)(10)
by David L. Curry, Jr. and Ryan A. O’Connor (Okin Adams LLP; Houston, Texas) Section 1129(a)(10) of the Bankruptcy Code – …
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Non-Article III Adjudication: Bankruptcy and Nonbankruptcy, With and Without Litigant Consent
By Ralph Brubaker (University of Illinois College of Law) This article explores the diverse and intriguing implications of the …
Chapter 11 Bankruptcy and Loan Covenant Strictness
By Garence Staraci (Yale University, School of Management) and Meradj Pouraghdam (Institut d'Etudes Politiques de Paris (Sciences …
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Debt Structure as a Strategic Bargaining Tool
By Yue Qiu, University of Minnesota (will join Temple University as Assistant Professor of Finance on August 1st, 2017) In this …
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Sovereign Debt Restructuring and English Governing Law
By Steven L. Schwarcz (Duke University School of Law) This Roundtable post is based on the author’s forthcoming article, Sovereign …
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Recent Trends In Enforcement of Intercreditor Agreements and Agreements Among Lenders in Bankruptcy
By Seth Jacobson, Ron Meisler, Carl Tullson and Alison Wirtz (Skadden, Arps, Slate, Meagher & Flom LLP)* Over the last …
Reconciling “Additional Assistance” with “Appropriate Relief” in Ch. 15
By David L. Eaton (Kirkland & Ellis LLP) and Aaron J. David (Paul, Weiss, Rifkind, Wharton & Garrison LLP)* When faced …
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The New Bond Workouts
By William W. Bratton (University of Pennsylvania Law School) Bond workouts are a dysfunctional method of debt restructuring, …
Bankruptcy Jurisdiction Over Foreign Entities: Exorbitant or Congruent?
By Adrian Walters (Chicago-Kent College of Law, Illinois Institute of Technology) As Oscar Couwenberg and Stephen Lubben have …
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Bankruptcy and the U.S. Supreme Court
By Ronald J. Mann (Columbia Law School) The continuing struggle of the United States to emerge from the Great Recession gives …
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Language Matters: Third Circuit Finds Make-Whole Provision Enforceable After Bankruptcy Filing
By Craig A. Barbarosh, Karen B. Dine, Jerry L. Hall, and Margaret J. McQuade (Katten Muchin Rosenman LLP) In November 2016, the …
Bankruptcy on the Side
By Kenneth Ayotte (University of California - Berkeley School of Law), Anthony J. Casey (University of Chicago Law School), David …
Successor Liability in § 363 Sales
By Michael L. Cook of Schulte, Roth & Zabel LLP Bankruptcy Code §363(f)(1) empowers a bankruptcy court to order a debtor’s …
Bankruptcy Advisory: What Can Oil Pipelines Do As Shipper Bankruptcy Risk Increases?
By Filiberto Agusti, Caroline H.B. Gaudet, and Steven Reed, Steptoe & Johnson LLP The expansion of North American petroleum …
The Crude Downturn for Oil Companies
By John England, Andrew Slaughter, and Anshu Mittal of Deloitte LLP The ups and downs in the crude oil and natural gas (O&G) …
External and Internal Asset Partitioning: Corporations and Their Subsidiaries
By Henry Hansmann, Yale Law School, and Richard Squire, Fordham University School of Law In our book chapter “External and …
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