By Andrew Verstein (Wake Forest University School of Law) Are insolvent firms different from solvent firms with respect to insider …
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Transplanting Chapter 11 of the US Bankruptcy Code into Singapore’s Restructuring and Insolvency Laws: Opportunities and Challenges
By Gerard McCormack (University of Leeds) and Wai Yee Wan (Singapore Management University - School of Law) In 2017, Singapore …
How Specialized Courts Changed the Chinese Bankruptcy System
By Bo Li (Tsinghua University - PBC School of Finance) and Jacopo Ponticelli (Kellogg School of Management - Department of …
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Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives
By Cheng-Han Tan, Jiangyu Wang, Christian Hofmann (National University of Singapore Law School) Corporate personality is not …
Director Bankruptcy Experience and Corporate Risk Taking
By Radhakrishnan Gopalan (Washington University in St. Louis - John M. Olin Business School), Todd A. Gormley (Washington …
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The Anatomy of Distressed Debt Markets
By Edward I. Altman (New York University) & Robert Benhenni (Pole Universitaire Leonard de Vinci) The market for investing in …
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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 …
Senate Judiciary Committee Hearing on Bankruptcy for Banks and Proposed Chapter 14
On November 13, 2018, the Senate Judiciary Committee held a hearing on “Big Bank Bankruptcy: 10 Years After Lehman Brothers,” in …
Regulating Bankruptcy Bonuses
By Jared Ellias (University of California, Hastings) In 2005, the perception that wealthy executives were being rewarded for …
Bankruptcy for Banks: A Tribute (and Little Plea) to Jay Westbrook
By David A. Skeel, Jr. (University of Pennsylvania Law School) Over the past several years, Congress has considered various …
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Fifth Circuit Rules That Corporate Charter Provision Requiring Shareholder Consent for Bankruptcy Filing Is Enforceable but Declines to Rule on Validity of “Golden Shares”
By Mark A. Cody and Mark G. Douglas (Jones Day). In a highly anticipated decision, the U.S. Court of Appeals for the Fifth …
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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Creditor Governance
By William R. McCumber (College of Business, Louisiana Tech University) and Tomas Jandik (Sam M. Walton College of Business, …
A Cautionary Tale for Claims Traders and Other Contract Counterparties
By David Griffiths and Leonard Yoo (Weil, Gotshal & Manges LLP). During a negotiation over a sale of claims, when parties …
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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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A New Approach to Executory Contracts
By John A. E. Pottow (University of Michigan Law School) Few bankruptcy topics have bedeviled courts—and busied commentators—as …
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The Secret Life of Priority: Corporate Reorganization After Jevic, 93 WASH L. REV. 631 (2018)
By Jonathan C. Lipson (Temple University - James E. Beasley School of Law) The Supreme Court’s 2017 decision in Czyzewski v. Jevic …
Non-Debtor Substantive Consolidation: Do Recent Cases Signal a Judicial Preference for State Law Claims?
By Charles W. Azano (Mintz Levin). Jurisprudence varies on whether bankruptcy courts have the power to consolidate a bankruptcy …
The Ninth Circuit Affirms Creditors’ Ability to Block ‘Cramdown’ by Purchasing Claims
By George P. Angelich and Annie Y. Stoops (Arent Fox). The Ninth Circuit affirmed the creditor’s ability to block “cramdown” by …
Bankruptcy Claims Trading
By Jared A. Ellias (University of California, Hastings) Over the past twenty years, a robust secondary market has emerged in the …