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 …
From Chrysler and General Motors to Detroit
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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