By Jared Ellias (University of California, Hastings) In 2005, the perception that wealthy executives were being rewarded for …
Secured Credit and Effective Entity Priority
By Christopher W. Frost (University of Kentucky - College of Law) The historical and doctrinal development of secured transactions …
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Creditor Governance
By William R. McCumber (College of Business, Louisiana Tech University) and Tomas Jandik (Sam M. Walton College of Business, …
A New Approach to Executory Contracts
By John A. E. Pottow (University of Michigan Law School) Few bankruptcy topics have bedeviled courts—and busied commentators—as …
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The Secret Life of Priority: Corporate Reorganization After Jevic, 93 WASH L. REV. 631 (2018)
By Jonathan C. Lipson (Temple University - James E. Beasley School of Law) The Supreme Court’s 2017 decision in Czyzewski v. Jevic …
Bankruptcy Claims Trading
By Jared A. Ellias (University of California, Hastings) Over the past twenty years, a robust secondary market has emerged in the …
Repo Markets Across the Atlantic: Similar but Unalike
By Songjiwen Wu (University of Heidelberg) and Hossein Nabilou (Universite du Luxembourg - Faculty of Law, Economics and …
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Bankruptcy Law as a Balancing System – Lessons from a Comparative Analysis of the Interaction Between Labor and Bankruptcy Laws
By Omer Kimhi (Haifa University Faculty of Law) and Arno Doebert (Independent) The rehabilitation of distressed corporations often …
Valuation Disputes in Corporate Bankruptcy
Kenneth Ayotte (U.C. Berkeley School of Law); Edward R. Morrison (Columbia Law School) In bankruptcy, valuation drives disputes. …
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The Effect of Creditor Rights on Capital Structure, Investment, Profitability, and Risk: Evidence from a Natural Experiment
By Aras Canipek (University of Konstanz), Axel Kind (University of Konstanz; University of Basel; University of St. Gallen), and …
Beyond Common Equity: The Influence of Secondary Capital on Bank Insolvency Risk
By Thomas Conlon (University College Dublin), John Cotter (University College Dublin; UCLA Anderson School of Management); Philip …
Loan to Bond Substitution: An Empirical Analysis on the Functioning of the Substitution Channel for Eurozone Firms
By Francesco Ruggiero (University of Naples Federico II) This paper contributes to the literature by enhancing the understanding …
Optimal Deterrence and the Preference Gap
By Brook Gotberg (University of Missouri School of Law) It is generally understood that the way to discourage particular behavior …
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Do Managers Strategically Change Their Disclosure Before a Debt Covenant Violation?
By Thomas Bourveau (Hong Kong University of Science and Technology), Derrald Stice (Hong Kong University of Science and …
Bankruptcy Forum Shopping in Europe
By Wolf-Georg Ringe (University of Hamburg - Institute of Law & Economics; University of Oxford - Faculty of Law). Over the …
Inequality and Equity in Bankruptcy Reorganization
Richard M. Hynes and Steven D. Walt (University of Virginia School of Law). Courts have developed a series of controversial …
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Courts As Institutional Reformers: Bankruptcy and Public Law Litigation
Kathleen G. Noonan (University of Pennsylvania), Jonathan C. Lipson (Temple University—Beasley School of Law), and William H. …
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The Pari Passu Fallacy – Requiescat in Pace
Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) The pari passu fallacy, first uncloaked in 2000, posits that when a …
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The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Secured Transactions and Financial Stability: Regulatory Challenges
By Steven L. Schwarcz (Duke University School of Law) Secured transactions traditionally are regulated to protect transacting …
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