By Bo Becker (Stockholm School of Economics) and Victoria Ivashina (Harvard Business School) Corporate bond defaults have been on …
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 …
Absolute Priority Redux: First-Day Orders and Pre-Plan Settlements in Chapter 11 Post-Jevic
By Bruce Grohsgal (Delaware Law School Widener University) Bankruptcy’s absolute priority rule arose 150 years ago to prevent …
Make-Whole Claims in Bankruptcy
By Sam Lawand (White & Case LLP) The well-established “perfect tender in time rule” dictates that debt must be repaid only …
Triangular Setoff Impermissible Under Section 553: No Contracting or Theorizing Around It, Section 553 Requires Mutuality
By Ronit J. Berkovich, Andriana Georgallas and Aarti Gupta (Weil, Gotshal & Manges LLP). In a recent decision, In re Orexigen …
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 …
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Restructuring Venezuela’s Debt: An Update
By Mark Walker (Guggenheim Securities) Lee Buchheit and Mitu Gulati have proposed an innovative and aggressive strategy to …
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OECD Report on Corporate Bond Markets in a Time of Unconventional Monetary Policy
By Ryan M. Rossner (Harvard Law School, J.D. 2019) On February 25, the OECD published another report in its Capital Market …
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 …
Debt Restructuring and Notions of Fairness
By Sarah Paterson (London School of Economics & Political Science) In a recent article, I argue that we have repeatedly failed …
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Debt Recharacterization Under State Law
By James M. Wilton (Ropes & Gray, LLP) The majority federal law test for recharacterization of insider debt in bankruptcy …
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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 …
Debt Restructuring: When Do Loan and Bond Prepayments Pay Off?
By Edwin Fischer and Ines Wöckl (University of Graz) Many debtholders, whether private households, companies, or states, are …
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Insider Trading: Are Insolvent Firms Different?
By Andrew Verstein (Wake Forest University School of Law) Are insolvent firms different from solvent firms with respect to insider …
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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 …
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Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives
By Cheng-Han Tan, Jiangyu Wang, Christian Hofmann (National University of Singapore Law School) Corporate personality is not …
Director Bankruptcy Experience and Corporate Risk Taking
By Radhakrishnan Gopalan (Washington University in St. Louis - John M. Olin Business School), Todd A. Gormley (Washington …
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The Anatomy of Distressed Debt Markets
By Edward I. Altman (New York University) & Robert Benhenni (Pole Universitaire Leonard de Vinci) The market for investing in …
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