By Sarah Paterson (London School of Economics & Political Science) In a recent article, I argue that we have repeatedly failed …
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Fifth Circuit Adopts Flexible Approach to Collateral Valuation in Cramdown Chapter 11 Cases
By Peter S. Saba (Jones Day). In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of …
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 …
The Ninth Circuit Affirms Creditors’ Ability to Block ‘Cramdown’ by Purchasing Claims
By George P. Angelich and Annie Y. Stoops (Arent Fox). The Ninth Circuit affirmed the creditor’s ability to block “cramdown” by …
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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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, …
Insider Status and U.S. Bank v. Village at Lakeridge
By Ronit J. Berkovich and David Li (Weil, Gotshal & Manges LLP). The U.S. Supreme Court, in U.S. Bank Nat’l Ass’n v. Village …
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Ninth Circuit Holds That Impaired Accepting Class Requirement Applies to Plan Confirmation on a “Per-Plan” Rather Than a “Per Debtor” Basis
By James L. Bromley, Lisa M. Schweitzer, Sean A. O'Neal, Luka A. Barefoot, and Daniel K. Soltman (Cleary Gottlieb). On January …
Applying Jevic: 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. 973 …
The Janus Faces of Reorganization Law
By Vincent S. J. Buccola (University of Pennsylvania - The Wharton School - Legal Studies & Business Ethics …
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Debt Priority Structure, Market Discipline and Bank Conduct
By Piotr Danisewicz (University of Bristol), Danny McGowan (University of Nottingham), Enrico Onali (Aston University; University …
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Recent Developments in Bankruptcy Law October 2017
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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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, …
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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Through Jevic’s Mirror: Orders, Fees, and Settlements
By Nicholas L. Georgakopoulos (McKinney School of Law, Indiana University) This article takes the United States Supreme Court’s …
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Post-Jevic, Expansive Interpretation by Bankruptcy Courts Possible
By Andrew C. Kassner and Joseph N. Argentina, Jr. (Drinker Biddle & Reath LLP) In Czyzewski v. Jevic Holding Corp., 137 S. …
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Recent Trends In Enforcement of Intercreditor Agreements and Agreements Among Lenders in Bankruptcy
By Seth Jacobson, Ron Meisler, Carl Tullson and Alison Wirtz (Skadden, Arps, Slate, Meagher & Flom LLP)* Over the last …
Jevic: Law Firm Perspectives
On March 22, the Supreme Court decided Czyzewski v. Jevic Holding Corp., holding that bankruptcy courts may not approve structured …
Jevic: SCOTUS Holds That Priority Rules Apply in Structured Dismissals
By Jonathan C. Lipson (Temple University-Beasley School of Law) and Melissa B. Jacoby (University of North Carolina – Chapel Hill …
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