The House of Representatives’ passage first of the Financial Institution Bankruptcy Act (FIBA) and then of the Financial CHOICE …
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Do the Financial Institution Bankruptcy Act and the CHOICE Act Undermine an Effective Restructuring of a Failing Financial Institution?
By Bruce Grohsgal (Delaware Law School, Widener University) The House recently passed the Financial Institution Bankruptcy Act of …
Financial Scholars Submit Letter to Congress Opposing Repeal of Title II
On May 23, bankruptcy and financial scholars submitted a letter to members of Congress opposing the Financial CHOICE Act’s …
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White House Releases Memorandum on Orderly Liquidation Authority
On April 21, the White House released a memorandum placing a reconsideration of the Dodd-Frank Act’s Orderly Liquidation Authority …
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The Resolution of Distressed Financial Conglomerates
By Howell E. Jackson (Harvard Law School) & Stephanie Massman (Harvard Law School, J.D. 2015) One of the most elegant legal …
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The Value of Insolvency Safe Harbors
By Philipp Paech (London School of Economics) “Safe harbor” privileges in insolvency are typically afforded to financial …
Senator Reed Introduces Study Bill to Assess Systemic Risk Impact of “Bankruptcy-for-Banks” Reforms
On December 6, Senator Jack Reed introduced a bill aimed at establishing a more informed basis for regulatory and policymaking …
Too Big and Unable to Fail
By Stephen J. Lubben (Seton Hall University School of Law) and Arthur E. Wilmarth, Jr. (George Washington University Law …
FTI Roundup
The Seventh Circuit held last July in FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677 (7th Cir. July 28, 2016), …
Tinkering with Ipso Facto Provisions Could Send Them Sailing out of Safe Harbors
By Maurice Horwitz (Weil, Gotshal & Manges) Recently, the United States Bankruptcy Court for the Western District of Louisiana …
Implementing Symmetric Treatment of Financial Contracts in Bankruptcy and Bank Resolution
By Edward J. Janger (Brooklyn Law School) and John A.E. Pottow (University of Michigan Law School) Financial contracts, such as …
Did Bankruptcy Reform Contribute to the Rise in Structured Finance?
By Kandarp Srinivasan Financial contracts such as repurchase agreements (“repos”) have effective “super-priority” in a bankruptcy …
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Establishing “Credible Losers” at Systemically Important Bank Holding Companies
By John Crawford, UC Hastings College of Law Systemically important bank holding companies (“SIBs”) have always had an abundance …
Bankruptcy Code Amendments Pass the House in Appropriations Bill
On July 7, the House of Representatives passed an appropriations bill (H.R. 5485) that includes a revised version of H.R. 2947, …
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Bankruptcy Court Disagrees with Second Circuit’s Holding in Tribune
By Lee Harrington of Nixon Peabody. Recently, in In re Physiotherapy Holdings Inc., the Bankruptcy Court in Delaware held that …
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Developing a New Resolution Regime for Failed Systemically Important Financial Institutions
Stephanie Massman, J.D. 2015, Harvard Law School In the wake of the 2007-2008 financial crisis, criticism surrounded not …
Tribune Fraudulent Conveyance Litigation Roundup
Recently, in In re Tribune Co. Fraudulent Conveyance Litig., 2016 WL 1226871 (March 29, 2016), the Second Circuit held that 11 …
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Failure of the Clearinghouse: Dodd-Frank’s Fatal Flaw?
Stephen J. Lubben Harvey Washington Wiley Chair in Corporate Governance & Business Ethics, Seton Hall University School of …
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Lehman’s Derivative Portfolio
By Stephen Lubben, Seton Hall University School of Law Derivatives themselves were likely at most a secondary cause of the …
House Judiciary Committee Approves Bill to Amend Chapter 11 for Financial Institution Bankruptcies
On February 11, 2016, the House of Representatives Judiciary Committee approved H.R. 2947—the Financial Institution Bankruptcy Act …