By Robert Hockett (Cornell Law School) The Blackjewel Coal bankruptcy of summer 2019 exposed critical weaknesses in our …
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Absolute Priority Redux: First-Day Orders and Pre-Plan Settlements in Chapter 11 Post-Jevic
By Bruce Grohsgal (Delaware Law School Widener University) Bankruptcy’s absolute priority rule arose 150 years ago to prevent …
Triangular Setoff Impermissible Under Section 553: No Contracting or Theorizing Around It, Section 553 Requires Mutuality
By Ronit J. Berkovich, Andriana Georgallas and Aarti Gupta (Weil, Gotshal & Manges LLP). In a recent decision, In re Orexigen …
Fifth Circuit’s Ultra Petroleum Decision Suggests Make-Wholes are Unenforceable in Bankruptcy, Questions Collectability of Contract Rate Postpetition Interest
By Donald S. Bernstein, Timothy Graulich, Marshall S. Huebner, Darren S. Klein, Brian M. Resnick, Christopher Robertson, Damian S. …
Secured Credit and Effective Entity Priority
By Christopher W. Frost (University of Kentucky - College of Law) The historical and doctrinal development of secured transactions …
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Junior Creditors Could Share In 363 Bankruptcy Sales
By Charles Tabb and Tamar Dolcourt (Foley & Lardner LLP). In July, the Seventh Circuit Court of Appeals issued a decision …
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