By Jonathan C. Lipson (Temple University-Beasley School of Law) and Melissa B. Jacoby (University of North Carolina – Chapel Hill …
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Fair Equivalents and Market Prices: Bankruptcy Cramdown Interest Rates
By Bruce A. Markell (Northwestern University Law School) Cramdown is the confirmation of a plan of reorganization over the dissent …
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Bankruptcy’s Endowment Effect
By Anthony J. Casey (University of Chicago Law School) The notion of endowments and entitlements has a powerful effect on …
Recharacterization of Debt as Equity in the Fourth Circuit
By Gabrielle Glemann (Hughes Hubbard & Reed) In an unpublished opinion in August, In re Province Grande Old Liberty, LLC, Case …
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Beyond Options
By Anthony J. Casey (University of Chicago Law School) and Edward R. Morrison (Columbia Law School) Scholars and policymakers now …
Do Economic Conditions Drive DIP Lending?: Evidence from the Financial Crisis
By Colleen Honigsberg (Stanford Law School) and Frederick Tung (Boston University School of Law) For many firms, obtaining …
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Supreme Court to Hear Arguments in Jevic on November 28
The Supreme Court is scheduled to hear oral arguments in Czyzewski v. Jevic Holding Corp. on November 28. In this week's posts, …
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How Absolute is the Absolute Priority Rule in Bankruptcy? The Case for Structured Dismissals
By Bruce Grohsgal (Widener University School of Law) A structured dismissal in a chapter 11 bankruptcy case is a court-approved …
Brief for Amici Curiae Law Professors in Support of Petitioners, In re Jevic
By Jonathan C. Lipson (Temple University Beasley School of Law) and Melissa B. Jacoby (University of North Carolina - Chapel Hill …
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Strategies for Purchasing and Selling Assets in Chapter 11
By Jacqueline Marcus (Weil, Gotshal & Manges) and Doron Kenter (Robins Kaplan) Sales of a debtor’s assets pursuant to section …
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Bankruptcy Sales
By Melissa B. Jacoby (University of North Carolina - Chapel Hill) and Edward J. Janger (Brooklyn Law School) Bankruptcy courts …
Supreme Court to Resolve Circuit Split Over Structured Dismissals
By Douglas Mintz, Robert Loeb and Monica Perrigino of Orrick, Herrington & Sutcliffe The Supreme Court recently granted …
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Priority Matters
By Douglas G. Baird, University of Chicago Law School Chapter 11 of the Bankruptcy Code is organized around the absolute priority …
Bankruptcy’s Quiet Revolution
Douglas G. Baird, University of Chicago School of Law Over the last few years, reorganization practice has undergone a …
Bankruptcy Resolution and the Restoration of Priority of Claims
Vedran Capkun, Associate Professor, Accounting and Management Control, HEC Paris Lawrence Weiss, Professor of International …
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Fifth Circuit Affirms Secured Lender Surcharge
By Michael L. Cook, Schulte Roth & Zabel LLP The cost of maintaining a secured lender's collateral is usually borne by the …
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United States Court of Appeals for the Second Circuit Holds That Claims Arising from Securities of a Debtor’s Affiliate Must Be Subordinated to Senior or Equal Claims of the Same Type as the Underlying Securities
By Fredric Sosnick, Douglas P. Bartner, Joel Moss, Solomon J. Noh and Ned S. Schodek of Shearman & Sterling LLP Lehman …
Cram-down interest rates in controversy
By Maxwell Tucker of Squire Patton Boggs The correct method to determine the adequacy of the “cram-down” interest rate offered …
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Organized Labor and the Cost of Debt: Evidence from Union Votes
Murillo Campello, Cornell University, National Bureau of Economic Research (NBER); Janet Gao, Indiana University - Kelley School …
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Bankruptcy in Groups
By William H. Beaver, Stanford University; Stefano Cascino, London School of Economics; Maria Correia, London Business School; and …