By Richard Cooper, Luke Barefoot, and Jack Massey (Cleary Gottlieb Steen & Hamilton LLP) Recent volatility in the global …
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Who’s Down with OCC(‘s Definition of “Banks”)?
By Matthew A. Bruckner (Howard University School of Law) The number and importance of fintech companies, such as Venmo, …
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Tribune II: Law Firm Perspectives
By Xiao Ma (Harvard Law School) On December 19, 2019, the Second Circuit issued its amended opinion in In re Tribune Company …
Second Circuit Fumbles Tribune on Reconsideration
By Daniel J. Bussel (UCLA School of Law) The Second Circuit recently issued its revised opinion in Tribune Company Fraudulent …
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How Much Value Was Destroyed by the Lehman Bankruptcy?
The Federal Reserve Bank of New York’s Liberty Street Economics Blog has run a series of five posts seeking to estimate the total …
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Senate Judiciary Committee Hearing on Bankruptcy for Banks and Proposed Chapter 14
On November 13, 2018, the Senate Judiciary Committee held a hearing on “Big Bank Bankruptcy: 10 Years After Lehman Brothers,” in …
Bankruptcy for Banks: A Tribute (and Little Plea) to Jay Westbrook
By David A. Skeel, Jr. (University of Pennsylvania Law School) Over the past several years, Congress has considered various …
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Beyond Common Equity: The Influence of Secondary Capital on Bank Insolvency Risk
By Thomas Conlon (University College Dublin), John Cotter (University College Dublin; UCLA Anderson School of Management); Philip …
A Functional Analysis of SIFI Insolvency
By Stephen J. Lubben (Seton Hall University School of Law) Since the disgrace of Lehman, the question of how to handle failing …
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Recent Developments in Bankruptcy Law, April 2018
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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Merit Management v. FTI: Law Firm Perspectives
On February 27, the Supreme Court decided Merit Management Group, LP v. FTI Consulting, Inc., holding unanimously that the § …
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Mandatory Contractual Stay Requirements for Qualified Financial Contracts
By Erika D. White and Donald S. Bernstein of Davis Polk & Wardwell LLP. The U.S. banking agencies have issued rules that …
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Debt Priority Structure, Market Discipline and Bank Conduct
By Piotr Danisewicz (University of Bristol), Danny McGowan (University of Nottingham), Enrico Onali (Aston University; University …
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FTI Argument Analysis: Justices Dubious About Limiting Bankruptcy Court’s Right to Recover Fraudulently Transferred Assets
By Ronald Mann. Published by SCOTUSblog and re-posted with permission. Perhaps a week with only two cases on the argument …
Amicus Brief on the Scope of the Bankruptcy Safe Harbor for Securities Settlement Payments Filed in Merit Mgmt. v. FTI Consulting
By Ralph Brubaker (University of Illinois College of Law), Bruce A. Markell (Northwestern University Pritzker School of Law), …
Don’t Bank on Bankruptcy for Banks
By Mark Roe (Harvard Law School) In the next month, the US Treasury Department is expected to decide whether to seek to replace …
Could Problems at MF Global Have Been Anticipated?
By Hilary Till (J.P. Morgan Center for Commodities, University of Colorado Denver Business School) In the fall of 2011, futures …
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Understanding the Scope of the § 546(e) Securities Safe Harbor Through the Concept of the “Transfer” Sought to Be Avoided
By Ralph Brubaker (University of Illinois College of Law) Bankruptcy Code § 546(e) contains a safe harbor that prevents avoidance …
Repo Regret?
By Rohan Ganduri (Goizueta Business School, Emory University) In April 2005 Congress expanded the range of bankruptcy …
Roundup: Recent Op-Eds on Bankruptcy for Banks
The House of Representatives’ passage first of the Financial Institution Bankruptcy Act (FIBA) and then of the Financial CHOICE …
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