By Kristin van Zwieten (University of Oxford), Horst Eidenmüller (University of Oxford), and Oren Sussman (University of …
Chapter 15 and Bankruptcy Credit Events under Credit Default Swaps
By Corinne Ball, George Cahill, Kay Morley, Jay Tambe, Bruce Bennett, & Heather Lennox (Jones Day) A recent spate …
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Singapore Schemes of Arrangement: Empirical and Comparative Analysis
By Wai Yee Wan (City University of Hong Kong), Casey Watters (Bond University), and Gerard McCormack (University of …
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Delaware Bankruptcy Court Rules That Midstream Gathering Agreements Failed to Create Covenants Running with the Land
By Duston K. McFaul & Juliana Hoffman (Sidley) On October 14, 2020, the honorable Christopher Sontchi, Chief Judge of the …
The Development of Collateral Stripping by Distressed Borrowers
By Mitchell Mengden (Law Clerk, Delaware Court of Chancery) In the past decade, private equity sponsors have taken a more …
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Towards an Optimal Model of Directors’ Duties in the Zone of Insolvency: An Economic and Comparative Approach
By Aurelio Gurrea-Martínez (Singapore Management University) When a company becomes factually insolvent but it is not yet …
The Hertz Maneuver (and the Limits of Bankruptcy Law)
By Anthony J. Casey (Professor of Law, The University of Chicago Law School), Joshua C. Macey (Assistant Professor of Law, The …
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Lawyer Networks and Corporate Bankruptcies
By Vidhan K. Goyal (Hong Kong University of Science and Technology), Joshua Madsen (Carlson School of Management, University of …
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Puerto Rico; Act III
By Stephen J. Lubben (Seton Hall University School of Law) Since 2017, the Commonwealth of Puerto Rico (and certain of its …
Germany Poised for Big Step Towards Corporate Restructuring Best Practice
By Sacha Luerken (Kirkland & Ellis) Germany’s insolvency law has only in very few cases - around 1% of filings - been used …
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Regulating Bankruptcy Bonuses and Protecting Workers in the Age of COVID-19
By Jessica Ljustina (Harvard Law School) Since March, executives of 18 large companies received over $135 million total in …
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Special Considerations for Protecting Interests under Water Agreements in Bankruptcy
By Rahul D. Vashi, Anna G. Rotman, Chris Heasley, Shubi Arora, Kenneth A. Young, Fraser F. Wayne, and John C. Elkins (Kirkland …
Argentina’s Quest for the Moral High Ground in the Recent Restructuring with Its Foreign Bondholders
By Steven T. Kargman (Kargman Associates/International Restructuring Advisors) Argentina’s new government under …
When Arbitration Meets Bankruptcy: Considering Arbitration Options in the Wake of a Growing Rise in Corporate Insolvencies
By Shana A. Elberg, Christine A. Okike, & Jennifer Permesly (Skadden) The economic hardships brought about by the …
The New Mass Torts Bargain
By Samir D. Parikh (Lewis & Clark Law School) Mass torts create a unique scale of harm and liabilities. Corporate …
Independence and Impartiality of Resolution Professionals Under Indian Law: Filling the Gaps or Creating Law?
By Sanjay Kumar Yadav, Syamantak Sen, and Vivek Badkur (National Law Institute University, Bhopal, India) Under Indian …
Big Data Meets Bankruptcy
By Carl Wedoff (Jenner & Block), David P. Saunders (Jenner & Block) For as long as there have been consumer …
Insolvency of Significant Non-Financial Enterprises: What Can We Learn from Bank Failures and Bank Resolution?
By Ilya Kokorin, Leiden Law School (The Netherlands) The current economic downturn triggered by the spread of COVID-19 …
Oversecured Creditor’s Right to Contractual Default-Rate Interest Allowed Under State Law
By Stacey L. Corr-Irvine and Mark G. Douglas (Jones Day) It is generally well understood that an “oversecured” creditor is …
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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