By Dennis Jenkins (Willkie Farr & Gallagher LLP) As liability management exercises (LMEs) and creditor-on-creditor …
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The Backstop Party
By Professor Vince Buccola (University of Chicago Law School), Adi Marcovich Gross (Columbia Law School and The Wharton School), …
Do Rights Offerings Reduce Bargaining Complexity in Chapter 11?
By Professor Gunjan Seth (Marshall School of Business, University of Southern California) One of the primary challenges faced …
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Getting to Yes: The Role of Coercion in Debt Renegotiations
By Professor Vince Buccola (University of Chicago Law School) and Professor Marcel Kahan (New York University School of …
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Absolute Priority, Relative Priority, and Valuation Uncertainty in Bankruptcy
By Mark J. Roe (Harvard Law School) & Michael Simkovic (USC Gould School of Law) Bankruptcy reformers advocate …
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The Legal Anomaly of Non-Recourse Financing
By Professor Steven Schwarcz (Duke University School of Law) and Christina Trepczynski (Duke University School of Law JD …
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Chapter 11’s Inclusivity Problem
By Sarah Paterson (LSE Law School) and Adrian Walters (Chicago-Kent College of Law) [Editor's Note: This article will be …
Balancing Debtor and Creditors’ Interests in Bankruptcy Reorganization Proceedings: Best Practices for the Procedural Design of Claims’ Classification
By Anaïs Alle (Harvard Law School, L.L.M. 2022) Reorganization proceedings, in contrast to liquidation sales, constitute a …
Aviation Chapter 11 Cases Take Flight
By Kelly DiBlasi and Jason George (Weil, Gotshal & Manges LLP) Increased competition, rising fuel costs, and the …
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Recent Delaware Bankruptcy Rulings Address Whether a Plan of Reorganization Can Deny a ‘Make-Whole’ Payment Without Impairing Lenders’ Claims
By Ron E. Meisler, Carl T. Tullson, Jennifer Madden, Justin Larsen (Skadden) A number of recent bankruptcy court rulings have …
Voting Rights Assignment Unenforceable, but Subordinated Creditor Lacked Standing to Participate in Chapter 11 Plan Confirmation Process
By Dan B. Prieto (Jones Day) and Mark G. Douglas (Jones Day) In In re Fencepost Productions Inc., 629 B.R. 289 (Bankr. D. …
The Hertz Maneuver (and the Limits of Bankruptcy Law)
By Anthony J. Casey (Professor of Law, The University of Chicago Law School), Joshua C. Macey (Assistant Professor of Law, The …
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Second Circuit Affirms Enforceability of Swaps’ Flip Provisions
By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …
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Bankruptcy Process for Sale
By Kenneth Ayotte (University of California Berkeley School of Law) and Jared A. Ellias (University of California Hastings College …
Rethinking Priority: The Dawn of the Relative Priority Rule and a New ‘Best Interest of Creditors’ Test in the European Union
By Axel Krohn (Martin-Luther-University Halle-Wittenberg, Germany) The European Directive on restructuring and insolvency …
Updated Overview of the Jevic Files: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins) The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. …
Corporate Restructuring under Relative and Absolute Priority Default Rules: A Comparative Assessment
By Jonathan Seymour, Steven L. Schwarcz (Duke University School of Law) The European Union recently adopted a Restructuring …
A Functional Law and Economics Analysis of the Restructuring Directive from a French Law Perspective
Vasile Rotaru (Droit & Croissance / The Rules for Growth Institute) From a functional law and economics perspective, the …
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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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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