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 …
Curbing the Exploitation of Passive Creditors in Chapter 11 Reorganization by Leveraging the Oversight Role of the United States Trustee
By Addison F. Pierce, American University – Washington College of Law The Bankruptcy Reform Act of 1978 is beginning to show its …
Financial Distress, Stock Returns, and the 1978 Bankruptcy Reform Act
By Dirk Hackbarth, Boston University, Rainer Haselmann, Goethe University Frankfurt, and David Schoenherr, London Business …
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Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Editor’s Note: Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors' Bargain, by Mark Roe and Fred Tung, was …
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Statutory Erosion of Secured Creditors’ Rights: Some Insights from the United Kingdom
By Adrian Walters, IIT Chicago-Kent School of Law The prevailing wisdom is that Chapter 11 bankruptcy proceedings have been …
The New Corporate Web: Tailored Entity Partitions and Creditors’ Selective Enforcement
By Anthony J. Casey, University of Chicago Law School Firms often separate assets into distinct entities that have their own …