By Allyn Needham, Shipp, Needham & Durham, LLC When disagreements arise in Chapter 11 bankruptcies, debtor and/or creditors’ …
Bankruptcy Code With No Repo Safe Harbor — An Evaluation
By Jeffrey Murphy and Lee Smith of Dentons The ABI Reform Commission recommended that the safe harbors under Section 555 and 559 …
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Restructuring Failed Financial Firms in Bankruptcy: Selling Lehman’s Derivatives Portfolio
By Mark J. Roe, Harvard Law School, and Stephen D. Adams, Ropes & Gray LLP Lehman Brothers’ failure and bankruptcy led to …
The ISDA 2014 Resolution Stays Protocol and the Bankruptcy Code Safe Harbors
By David Geen and Samantha Riley of the International Swaps and Derivatives Association (ISDA) The International Swaps and …
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ISDA Resolution Stay Protocol: A Brief Overview
On November 12, 2014, the International Swaps and Derivatives Association (“ISDA”) officially released the ISDA 2014 Resolution …
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House Passes Financial Institution Bankruptcy Act
On December 1, 2014, the House of Representatives passed, with bipartisan support, H.R. 5421—the Financial Institution Bankruptcy …
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Derivatives and Collateral: Balancing Remedies and Systemic Risk
By Steven L. Schwarcz, Duke University School of Law Professor Schwarcz examines whether the bankruptcy “safe harbor” for …
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House Advances Bipartisan Financial Institution Bankruptcy Act
By Stephen D. Adams, Editor, HLS Bankruptcy Roundtable On September 10, 2014, the House Judiciary Committee approved H.R. 5421, …
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Single Point of Entry and the Bankruptcy Alternative
Author: David A. Skeel, Jr., University of Pennsylvania Law School The Dodd-Frank Act requires systemically important financial …
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Rolling Back the Repo Safe Harbors
Authors: Edward R. Morrison, Mark J. Roe, and Hon. Christopher S. Sontchi Recent decades have seen substantial expansion in …
The Case in Brief Against Chapter 14
Author: Bruce Grohsgal, Pachulski Stang Ziehl & Jones, LLP Resolution of a distressed financial company under Dodd-Frank …
The Chapter 14 Proposal in the Senate
Author: Stephen D. Adams* [This week the Roundtable looks at the Chapter 14 proposal in the Senate. This post provides an …
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Another Court of Appeals Broadly Reads Settlement Payment Safe Harbor
By Michael L. Cook, Schulte Roth & Zabel LLP The Courts of Appeals, with few exceptions, have broadly read the safe harbor …
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Practitioners, Academics, and a Judge Testify about Safe Harbors before Congress
Author: Stephen D. Adams The House Judiciary Subcommittee on Regulatory Reform, Commercial, and Antitrust Law has held two sets …
The Bankruptcy-Law Safe Harbor for Derivatives: A Path-Dependence Analysis
Authors: Steven L. Schwarcz and Ori Sharon Bankruptcy law gives creditors in derivatives transactions a “safe harbor” in the form …
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Lehman Bankruptcy Court Issues Safe Harbor Decision
Authors: Kathryn Borgeson, Mark Ellenberg, Lary Stromfeld, John Thompson On December 19, 2013, Judge James M. Peck of the United …
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