By Piotr Danisewicz (University of Bristol), Danny McGowan (University of Nottingham), Enrico Onali (Aston University; University …
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Recent Rulings Deepen the Divide on 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 …
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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Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments Filed in Merit Mgmt. v. FTI Consulting
By Ralph Brubaker (University of Illinois College of Law), Bruce A. Markell (Northwestern University Pritzker School of Law), …
Momentive: Law Firm Perspectives
On October 28, 2017, the United States Court of Appeals for the Second Circuit handed down its decision in In re MPM Silicones, …
Don’t Bank on Bankruptcy for Banks
By Mark Roe (Harvard Law School) In the next month, the US Treasury Department is expected to decide whether to seek to replace …
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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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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Understanding the Scope of the § 546(e) Securities Safe Harbor Through the Concept of the “Transfer” Sought to Be Avoided
By Ralph Brubaker (University of Illinois College of Law) Bankruptcy Code § 546(e) contains a safe harbor that prevents avoidance …
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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Roundup: Recent Op-Eds on Bankruptcy for Banks
The House of Representatives’ passage first of the Financial Institution Bankruptcy Act (FIBA) and then of the Financial CHOICE …
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Do the Financial Institution Bankruptcy Act and the CHOICE Act Undermine an Effective Restructuring of a Failing Financial Institution?
By Bruce Grohsgal (Delaware Law School, Widener University) The House recently passed the Financial Institution Bankruptcy Act of …
Creditor Rights and Corporate Debt Structure Around the World
By Kose John (New York University & Temple University), Mahsa S. Kaviani (Temple University), Lawrence Kryzanowski (Concordia …
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Recent Developments in Bankruptcy Law, April 2017
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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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, …
Out-of-Court Restructurings After Marblegate: Trust Indenture Act Section 316(b) and Beyond
Lawyers from Davis Polk, Drinker Biddle, and Wilmer Hale recently held a panel discussion entitled “Out-of-Court Restructurings …
Puerto Rico and the Netherworld of Sovereign Debt Restructuring
By G. Mitu Gulati (Duke Law School) and Robert K. Rasmussen (University of Southern California Gould School of Law) Puerto Rico …
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Jevic: Law Firm Perspectives
On March 22, the Supreme Court decided Czyzewski v. Jevic Holding Corp., holding that bankruptcy courts may not approve structured …
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 …
Municipal Borrowing Costs and State Policies for Distressed Municipalities
By Pengjie Gao (University of Notre Dame), Chang Lee (University of Illinois at Chicago), and Dermot Murphy (University of …
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