By Kenneth Ayotte (University of California, Berkeley School of Law) Complex capital structures are prevalent in many recent …
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Consumer Response to Chapter 11 Bankruptcy: Negative Demand Spillover to Competitors
By O. Cem Ozturk (Georgia Institute of Technology - Scheller College of Business), Pradeep K. Chintagunta (University of Chicago), …
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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Fifth Circuit Adopts Flexible Approach to Collateral Valuation in Cramdown Chapter 11 Cases
By Peter S. Saba (Jones Day). In In re Houston Regional Sports Network, L.P., 886 F.3d 523 (5th Cir. 2018), the U.S. Court of …
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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Valuation Disputes in Corporate Bankruptcy
Kenneth Ayotte (U.C. Berkeley School of Law); Edward R. Morrison (Columbia Law School) In bankruptcy, valuation drives disputes. …
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The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Selling Innovation in Bankruptcy
By Song Ma (Yale School of Management), (Joy) Tianjiao Tong (Duke University, Fuqua School of Business), and Wei Wang (Queen’s …
Optimal Capital Structure and Bankruptcy Choice: Dynamic Bargaining vs. Liquidation
By Samuel Antill and Steven R. Grenadier (Stanford Graduate School of Business) In this work, we develop and solve a …
Momentive: Law Firm Perspectives
On October 28, 2017, the United States Court of Appeals for the Second Circuit handed down its decision in In re MPM Silicones, …
Creditor Rights and Corporate Debt Structure Around the World
By Kose John (New York University & Temple University), Mahsa S. Kaviani (Temple University), Lawrence Kryzanowski (Concordia …
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The Future of Solvency and Adequate Capitalization Analysis
By Michael Simkovic, Seton Hall University School of Law Valuation, solvency, and adequate capitalization analyses play a crucial …
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Earnings Management and Firm Value in Chapter 11
Timothy C.G. Fisher, University of Sydney Ilanit Gavious, Ben-Gurion University of the Negev Jocelyn Martel, ESSEC Business …
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The Effect of Executive Compensation on Recoveries
By Andrea Pawliczek, Leeds School of Business, University of Colorado - Boulder The structure of executive compensation …
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Taking a Deeper Look into Momentive
By Michael Vitti, Duff & Phelps Much has been written about Momentive. Nevertheless, some relevant questions are not often …
Cram-down interest rates in controversy
By Maxwell Tucker of Squire Patton Boggs The correct method to determine the adequacy of the “cram-down” interest rate offered …
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New AIRA Standards on Distressed Business Valuation
By Michael D. Pakter, Gould & Pakter Associates, LLC Given the increasing number of professionals who are performing business …
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The Weakest Link in Intercreditor Agreements Breaks Again in Momentive
By Lawrence Safran, Mitchell A. Seider, Keith A. Simon, and Adam J. Goldberg of Latham & Watkins LLP Intercreditor agreements …
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Bankruptcy Court Approves Non-Market Cramdown Rate on Momentive Secured Creditors
By Adam C. Harris and Karen S. Park of Schulte Roth & Zabel LLP A recent decision from the Bankruptcy Court for the Southern …
A New Risk to Bankruptcy Sales – Unwinding of the Sale Due to a Bad Faith Filing
Authors: Lenard M. Parkins and Karl D. Burrer of Haynes and Boone, LLP Recently, the Eleventh Circuit rendered its decision in …