By Michael A. Francus (Harvard Law School) Johnson & Johnson’s use of the Texas Two-Step to manage its talc liabilities has …
Are Judges Randomly Assigned to Chapter 11 Bankruptcies? Not According to Hedge Funds
By Niklas Hüther (Indiana University) and Kristoph Kleiner (Indiana University) ''The bankruptcy system is supposed to work …
The Importance of Being Bound: Bondholders’ Vote and Workouts in the U.S. and in Italy
By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …
Senate Judiciary Committee Subcommittee Hearing on the “Texas Two-Step”: A Recap
By Amelia S. Ricketts (Harvard Law School) and Jin Lee (Harvard Law School) On February 8, 2022, the Senate Subcommittee on …
Scarlet-Lettered Bankruptcy: A Public Benefit Proposal for Mass Tort Villains
By Samir D. Parikh (Lewis & Clark Law School) Financially distressed companies often seek refuge in federal bankruptcy …
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Creditor Rights, Corporate Leverage and Investments, and the Firm Type
By Aras Canipek (University of Konstanz), Axel H. Kind (University of Konstanz), and Sabine Wende (University of Cologne - Faculty …
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Viability Assessment in Corporate Debt Restructuring: Optimizing the Filtration Effect of the European Directive on Restructuring and Insolvency
By Lydia Tsioli (King’s College London) Despite being pivotal in corporate debt restructuring, viability, an intricate notion …
COVID-19 Debt and Bankruptcy Infrastructure
By Robert K. Rasmussen (USC Gould School of Law) The COVID pandemic put unprecedented pressure on all economies around the …
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The Evolution of Corporate Rescue in Canada and the United States
By Jassmine Girgis (University of Calgary, Faculty of Law) This chapter explores the evolution of corporate rescue in both …
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The Time Has Come for Disaggregated Sovereign Bankruptcy
By Odette Lienau (Professor, Cornell Law School) The ongoing economic crisis caused by the COVID-19 pandemic has generated …
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The Proceduralist Inversion – A Response to Skeel
By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
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Singapore Schemes of Arrangement: Empirical and Comparative Analysis
By Wai Yee Wan (City University of Hong Kong), Casey Watters (Bond University), and Gerard McCormack (University of …
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The Hertz Maneuver (and the Limits of Bankruptcy Law)
By Anthony J. Casey (Professor of Law, The University of Chicago Law School), Joshua C. Macey (Assistant Professor of Law, The …
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Insolvency of Significant Non-Financial Enterprises: What Can We Learn from Bank Failures and Bank Resolution?
By Ilya Kokorin, Leiden Law School (The Netherlands) The current economic downturn triggered by the spread of COVID-19 …
Insolvency Law in Emerging Markets
By Aurelio Gurrea-Martínez (Singapore Management University) Corporate insolvency law can serve as a powerful mechanism to …
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 …
What Small Businesses Need Most Is A Little More Time
By Brook Gotberg (University of Missouri Law School; Chair, Small Business Committee of the Bankruptcy & COVID-19 Working …
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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), …
Bankruptcy Venue Reform
By Nicholas Cordova (Harvard Law School) Although the Boy Scouts of America (BSA) is headquartered in Texas, it filed for …
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 …
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