By David A. Skeel, Jr., University of Pennsylvania Law School In the past five years, three of the most remarkable bankruptcy …
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Momentive Ruling May Pave the Road for Below-Market “Takeback Paper” Cramdowns of Secured Creditors
By Donald S. Bernstein, Davis Polk & Wardwell LLP In a lengthy and widely discussed bench ruling delivered on August 26, …
Post-Petition Interest: Not Very Predictable
By Vicki Harding, Pepper Hamilton, LLP In a recent case a mortgagee battled the debtor over post-petition interest: When did the …
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Leases and Executory Contracts in Chapter 11
By Ken Ayotte, University of California at Berkeley Law School This paper offers the first empirical analysis of the timing and …
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Creditor Conflict and the Efficiency of Corporate Reorganization
By Mark Jenkins at University of Pennsylvania and David C. Smith at University of Virginia While a rich set of theories make …
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Reports of Equity’s Death Have Been Greatly Exaggerated
By Adam J. Levitin, Georgetown University Law Center Mark Berman is very kind to take notice of my article in his recent analysis …
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‘Wither’ the Equity Powers of the Bankruptcy Court
Author: Mark N. Berman, Nixon Peabody LLP The United States Supreme Court’s Law v. Siegel decision has been explained away as an …
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Breaking Bankruptcy Priority: How Rent-Seeking Upends the Creditors’ Bargain
Post by Frederick Tung, Professor at Boston University School of Law In “Breaking Bankruptcy Priority: How Rent-Seeking Upends …
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