By Professor Mark Roe (Harvard Law School) and Professor Michael Simkovic (USC Gould School of Law) Many lawyers viewed …
Chapter 11’s Inclusivity Problem
By Sarah Paterson (LSE Law School) and Adrian Walters (Chicago-Kent College of Law) [Editor's Note: This article will be …
Aviation Chapter 11 Cases Take Flight
By Kelly DiBlasi and Jason George (Weil, Gotshal & Manges LLP) Increased competition, rising fuel costs, and the …
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The Importance of Being Bound: Bondholders’ Vote and Workouts in the U.S. and in Italy
By Francesca Prenestini (Bocconi University, Milan) Most legal systems follow one of two rules for regulating the capacity of …
Chapter 11’s Descent into Lawlessness
By Lynn M. LoPucki (Security Pacific Bank Distinguished Professor of Law, UCLA School of Law) The bankruptcy courts that …
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The Proceduralist Inversion – A Response to Skeel
By Edward J. Janger (Professor, Brooklyn Law School) and Adam J. Levitin (Professor, Georgetown University Law Center) In …
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Bankruptcy Process for Sale
By Kenneth Ayotte (University of California Berkeley School of Law) and Jared A. Ellias (University of California Hastings College …
Badges of Opportunism: Principles for Policing Restructuring Support Agreements
By Edward J. Janger (Brooklyn Law School) and Adam J. Levitin (Georgetown University Law Center) Business reorganizations are …
Pre-packaged Insolvency in India: Lessons from USA and UK
By Himani Singh (New York University School of Law) Corporate rescue is used as a pre-cursor to bankruptcy filing to provide …
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Updated Overview of the Jevic Files: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins) The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. …
Same Class, Different Recoveries — No Bar to Plan Confirmation
By Francis J. Lawall and John Henry Schanne II (Pepper Hamilton LLP) In Ad Hoc Committee of Non-Consenting Creditors v. Peabody …
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Corporate Governance, Bankruptcy Waivers and Consolidation in Bankruptcy
By Daniel J. Bussel (UCLA School of Law) Bankruptcy law—once the vanguard of enterprise liability —has increasingly tended to …
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Debt Restructuring and Notions of Fairness
By Sarah Paterson (London School of Economics & Political Science) In a recent article, I argue that we have repeatedly failed …
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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, …
Applying Jevic: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins). The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. 973 …
How to Restructure Venezuelan Debt
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) & G. Mitu Gulati (Duke University School of Law). There is a …
Deterring Holdout Creditors in a Restructuring of PDVSA Bonds and Promissory Notes
By Lee C. Buchheit (Cleary Gottlieb Steen & Hamilton LLP) & G. Mitu Gulati (Duke University School of Law). Probably the …
Recent Developments in Bankruptcy Law October 2017
By Richard Levin (Jenner & Block LLP) The bankruptcy courts and their appellate courts continue to explore issues of interest …
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Venezuela’s Restructuring: A Realistic Framework
By Mark A. Walker (Millstein & Co.) and Richard J. Cooper (Cleary Gottlieb Steen & Hamilton, LLP). Venezuela is …
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Chapter 11 Bankruptcy and Loan Covenant Strictness
By Garence Staraci (Yale University, School of Management) and Meradj Pouraghdam (Institut d'Etudes Politiques de Paris (Sciences …
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