By Stewart B. Herman (Katten) and Timothy J. Lynes (Katten) In King v. Bombardier Aerospace Corporation et al., the trustee …
Second Circuit Affirms Enforceability of Swaps’ Flip Provisions
By Shmuel Vasser (Dechert) Swaps, like other financial contracts (repurchase agreements, securities contracts, commodities …
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Will Bankruptcy Preference Lawsuits Decline due to Statutory Changes?
By Lisa P. Sumner (Nexsen Pruet) Two recent amendments to the U.S. Bankruptcy Code impose new hurdles for debtors and trustees to …
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Optimal Deterrence and the Preference Gap
By Brook Gotberg (University of Missouri School of Law) It is generally understood that the way to discourage particular behavior …
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