By Charles Dale and Nathan Lander (Proskauer Rose LLP) A recent Texas bankruptcy court decision In re Walker County Hospital …
Continue Reading about D&O Policy Coverage: Specificity Matters in Bankruptcy Context
Do Hedge Funds Exploit Material Nonpublic Information? Evidence from Corporate Bankruptcies
By Professor Wei Wang, Yan Yang, and Professor Jingyu Zhang (Smith School of Business, Queen’s University) Hedge funds …
Mass Tort Bankruptcy Goes Public
By Professor William Organek (Zicklin School of Business, Baruch College) Large companies like 3M, Johnson & Johnson, …
Predicting Bankruptcy: Ask the Employees
By Professor John Knopf (University of Connecticut School of Business) and Professor Kristina Lalova (Michigan State University - …
Continue Reading about Predicting Bankruptcy: Ask the Employees
The Potential of Trust Law in Sovereign Debt Restructuring Unveiled
By Charles Mak (The Law School, Robert Gordon University) The interplay between sovereign debt defaults and legal frameworks …
Continue Reading about The Potential of Trust Law in Sovereign Debt Restructuring Unveiled
[Purdue Pharma Bankruptcy Series] The Rule of the Deal: Bankruptcy Bargains and Other Misnomers and Sorting Bugs and Features of Mass Tort Bankruptcy
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of Purdue …
One Person Can Knock Out Our Firm? Imputation and Retention Risks for Professionals Under Chapter 11
By Marshall S. Huebner, Adam L. Shpeen, and Hailey W. Klabo (Davis Polk & Wardwell LLP) The Bankruptcy Code applies …
Financial Disequilibrium
By Samir Parikh (Lewis & Clark Law School) Corporate bankruptcy cases have recently undergone a shift. After decades where …
Preference Due Diligence in the Crypto Winter
By Michael Rosella (Katten Muchin Rosenman LLP) and Dan McElhinney (Stretto) The crypto winter has arrived! Among many other …
Continue Reading about Preference Due Diligence in the Crypto Winter
When Benefit Corporations File For Bankruptcy, Will Anything Be Different?
By Christopher D. Hampson (University of Florida Levin College of Law) Social entrepreneurs and lawyers gave birth to the …
Continue Reading about When Benefit Corporations File For Bankruptcy, Will Anything Be Different?
[Texas Two-Step and the Future of Mass Tort Bankruptcy Series] Upending the Traditional Chapter 11 Bargain
By Jared A. Ellias (University of California, Hastings College of the Law; Harvard Law School) Note: This is the third in a …
Bankruptcy Court Ruling Imposes Lender Liability
By Daniel S. Shamah, Jeff Norton, Jennifer Taylor, Sung Pak, and Joshua Chow (O'Melveny & Myers LLP) “Lender liability” is an …
Continue Reading about Bankruptcy Court Ruling Imposes Lender Liability
My Creditor’s Keeper: Escalation of Commitment and Custodial Fiduciary Duties in the Vicinity of Insolvency
By Amir Licht (Professor, Interdisciplinary Center Herzliya, Israel) In several common law jurisdictions, creditors of …
Bond Trustees, and the Rising Challenge of Activist Investors
By Steven L. Schwarcz (Duke University School of Law) Large financial institutions, such as U.S. Bank or Bank of NY Mellon, …
Continue Reading about Bond Trustees, and the Rising Challenge of Activist Investors
Bankruptcy Sales: Is A Public Auction Required to Assure That Property Is Sold for The Highest and Best Price?
By Vicki R. Harding (Vicki R. Harding, PLLC) A buyer negotiating acquisition of commercial real estate from a Chapter 7 trustee …
Indenture Trustee Duties: The Pre-Default Puzzle
By Steven L. Schwarcz (Duke University School of Law) Indenture trustees act for the benefit of the investors in a company’s …
Continue Reading about Indenture Trustee Duties: The Pre-Default Puzzle
Financially Distressed Companies, Restructuring and Creditors’ Interests: What is a Director to Do?
By Andrew Keay (University of Leeds) Out of court restructuring is a popular and, according to many, optimal way of resolving the …
Fifth Circuit Rules That Corporate Charter Provision Requiring Shareholder Consent for Bankruptcy Filing Is Enforceable but Declines to Rule on Validity of “Golden Shares”
By Mark A. Cody and Mark G. Douglas (Jones Day). In a highly anticipated decision, the U.S. Court of Appeals for the Fifth …
Fiduciary Duties in Bankruptcy and Insolvency
By John A. E. Pottow (University of Michigan Law School). Although discussed nowhere in the U.S. Bankruptcy Code, fiduciary …
Continue Reading about Fiduciary Duties in Bankruptcy and Insolvency