Ramin Baghai (Stockholm School of Economics), Rui Silva (London Business School), Luofu Ye (London Business School) Corporate …
Same Class, Different Recoveries — No Bar to Plan Confirmation
By Francis J. Lawall and John Henry Schanne II (Pepper Hamilton LLP) In Ad Hoc Committee of Non-Consenting Creditors v. Peabody …
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Corporate Governance, Bankruptcy Waivers and Consolidation in Bankruptcy
By Daniel J. Bussel (UCLA School of Law) Bankruptcy law—once the vanguard of enterprise liability —has increasingly tended to …
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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 …
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Bankruptcy Sales: Is A Public Auction Required to Assure That Property Is Sold for The Highest and Best Price?
By Vicki R. Harding (Vicki R. Harding, PLLC) A buyer negotiating acquisition of commercial real estate from a Chapter 7 trustee …
Rent Extraction by Super-Priority Lenders
By B. Espen Eckbo (Tuck School of Business at Dartmouth), Kai Li (Sauder School of Business at University of British Columbia) and …
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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 …
Reprofiling Today for a Sustainable Tomorrow: A Unilateral Italian Debt Restructuring
By Emma Cervantes, Victoria Dodev, Shane Ellement, Isabelle Sawhney (Duke University, School of Law) Italy has €2.4 trillion of …
A Sovereign Debt Restructuring Framework for the Euro Area
By Sebastian Grund, Mikael Stenström (European Central Bank) Our new paper discusses the legal framework for sovereign debt …
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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 …
Involuntary Bankruptcy: Limited Remedy and Strong Sanctions for Abuse
By Michael L. Cook (Schulte Roth & Zabel LLP) Involuntary bankruptcy cases are relatively rare. According to the Second …
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The Rise and Fall of Regulatory Competition in Corporate Insolvency Law in the European Union
By Horst Eidenmüller (University of Oxford; European Corporate Governance Institute - ECGI) In a recent paper, I discuss the rise …
Indenture Trustee Duties: The Pre-Default Puzzle
By Steven L. Schwarcz (Duke University School of Law) Indenture trustees act for the benefit of the investors in a company’s …
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Establishing Corporate Insolvency: The Balance Sheet Insolvency Test
By Dr. Kubi Udofia Cash flow and balance sheet insolvency tests are the two predominant means of determining insolvency. A …
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Simple Insolvency Detection for Publicly Traded Firms
By J.B. Heaton (J.B. Heaton, P.C.) Solvency plays important substantial roles in both bankruptcy and corporate law. In practice, …
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Restructuring Italy’s New York Law Bonds
By Andrea E. Kropp (Duke University School of Law) Little attention has been paid to Italy’s bonds issued under New York law in …
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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 …
Disagreement and Capital Structure Complexity
By Kenneth Ayotte (University of California, Berkeley School of Law) Complex capital structures are prevalent in many recent …
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The Dark Side of Bank Resolution: Counterparty Risk through Bail-in
By Wolf-Georg Ringe and Jatine Patel (University of Hamburg - Institute of Law & Economics, University of Oxford) Bail-in and …
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Financially Distressed Companies, Restructuring and Creditors’ Interests: What is a Director to Do?
By Andrew Keay (University of Leeds) Out of court restructuring is a popular and, according to many, optimal way of resolving the …