By Andrea Zorzi (University of Florence) On January 12, 2019, a new ‘Code of enterprise crisis and of insolvency’ was adopted …
China Continues to Issue New Rules Promoting Corporate Rescue Culture, Facilitation of Bankruptcy Proceedings
By Xiao Ma (Reorg | Harvard Law School) Coupled with continued efforts in financial deleveraging and industrial reorganization, …
Keeping Up with the Joneses: In Bold Cross-border Move, the DIFC Enacts New Insolvency Law
By Laura Smith (Norton Rose Fulbright) The Dubai International Financial Centre (the "DIFC"), one of the leading international …
Recent Developments in Cross-Border Insolvency and Recognition of Foreign Bankruptcy Proceedings in the US Bankruptcy Courts
By Mark G. Douglas and Dan T. Moss (Jones Day) On July 25, 2019, the Judicial Insolvency Network announced its adoption of …
Bankruptcy’s Cathedral: Property Rules, Liability Rules, and Distress
By Vincent S.J. Buccola (University of Pennsylvania - The Wharton School) What good can a corporate bankruptcy regime do in the …
Continue Reading about Bankruptcy’s Cathedral: Property Rules, Liability Rules, and Distress
The New Bargaining Theory of Corporate Bankruptcy and Chapter 11’s Renegotiation Framework
By Anthony J. Casey (University of Chicago Law School) The prevailing theory of corporate bankruptcy law states that its purpose …
Reorganizing Health Care Bankruptcy
By Laura Coordes (Sandra Day O'Connor College of Law) Many health care providers are experiencing financial distress, and if the …
What’s Wrong with Chapter 11?
By Charles J. Tabb (University of Illinois College of Law) The time has come to cast a discerning eye at chapter 11, the United …
Disrupting Secured Transactions: Should UCC Article 9 Be Revised to Reflect the Rise of the Internet of Things?
By Christopher G. Bradley (University of Kentucky College of Law) The "Internet of Things" (IoT) refers to the networks formed …
The Social Costs of Dividends and Share Repurchases
By J. B. Heaton (J.B. Heaton, P.C.) The issue of share repurchases has captured the attention of United States senators on both …
Continue Reading about The Social Costs of Dividends and Share Repurchases
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 …
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 …
Transplanting Chapter 11 of the US Bankruptcy Code into Singapore’s Restructuring and Insolvency Laws: Opportunities and Challenges
By Gerard McCormack (University of Leeds) and Wai Yee Wan (Singapore Management University - School of Law) In 2017, Singapore …
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 …
Continue Reading about How Specialized Courts Changed the Chinese Bankruptcy System
Director Bankruptcy Experience and Corporate Risk Taking
By Radhakrishnan Gopalan (Washington University in St. Louis - John M. Olin Business School), Todd A. Gormley (Washington …
Continue Reading about Director Bankruptcy Experience and Corporate Risk Taking
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 …
Continue Reading about Bankruptcy for Banks: A Tribute (and Little Plea) to Jay Westbrook
Secured Credit and Effective Entity Priority
By Christopher W. Frost (University of Kentucky - College of Law) The historical and doctrinal development of secured transactions …
Continue Reading about Secured Credit and Effective Entity Priority